- 


LIFE   AND   TIMES 


OF 


HON.  SAMUEL  D.  LOCKWOOD 


* 

BY    WILLIAM    COFFIN 

\\ 


CHICAGO: 

KNIGHT  &  LEONARD  CO.,  PRINTERS, 
1889. 


INTRODUCTION. 


"The  most  substantial  glory  of  a  country  is  in  its  virtuous, 
great  men.  Its  prosperity  will  depend  on  its  docility  to  learn 
from  their  example. 

"  That  nation  is  fated  to  ignominy  and  servitude  for  which  such 
men  have  lived  in  vain." 

The  real  history  of  Illinois  must  be  found  in  the  lives  of  her 
eminent  men.  This  statement  will  bear  repeating,  as  at  least, 
inviting  careful  consideration. 

The  real  history  of  Illinois  must  be  found  in  the  lives  of  her 
eminent  men,  and  we  shall  look  in  vain  for  it  elsewhere.  The 
growth  of  our  state  has  been  phenomenal,  and  with  a  good  degree 
of  commendable  pride,  we  look  over  the  tables  indicating  our 
progress  in  all  material  things.  But  statistics  are  not  history, 
and  the  columns  of  figures,  furnished  by  our  census  bureau,  give 
only  the  skeleton  of  state  organization  and  development.  For 
all  beauty  and  expression  of  form  and  feature,  we  must  look  else- 
where, and  for  the  hidden  springs  of  life,  the  vital  forces  that 
underlie  all  development,  we  must  look  far  deeper,  even  down  to 
where  living  souls  think  and  feel,  plan  and  resolve. 

The  old  adage  has  come  down  to  us  from  the  dark  ages,  "  Peace 
has  no  history/'  and  the  record  of  former  centuries,  abounding  in 
tales  of  bloody  strife  and  savage  warfare,  seems  to  prove  the  adage 
true  for  those  times.  Fortunately,  however,  a  change  has  come  in 
these  latter  days,  or  Illinois  would  have  no  history  outside  our 
our  Indian  conflicts. 

On  our  soil  there  are  no  marked  battle-fields,  no  places 
renowned  for  even  traditional  achievements  in  arms,  and  our  war 


CHAPTER  I. 

GENERAL  SUMMARY  AND  TESTIMONIALS. 

HOK  SAMUEL  D.  LOCKWOOD  was  a  resident  of  the 
state  of  Illinois  from  1818  to  1874,  and  for  over  fifty 
years  was  in  the  public  service,  holding  during  that  period, 
under  state  and  national  appointment,  the  following  positions 
of  high  trust  and  responsibility.  In  1821  he  was  elected  state's 
attorney  by  the  general  assembly  of  Illinois ;  the  next  year  he 
was  appointed  secretary  of  state  by  Governor  Coles;  in  1823 
he  was  appointed,  by  President  Monroe,  receiver  of  public 
moneys  in  the  Edwardsville  land  office ;  and  in  the  following 
year  was  elected  by  the  general  assembly  associate  justice  of 
the  Supreme  Court  of  Illinois,  which  position  he  held  till  the 
adoption  of  the  new  state  constitution  in  1848.  He  was  state 
trustee  of  the  Illinois  Central  Railroad  from  the  organization 
of  that  company  until  his  death  in  1871 ;  and  was  charter 
trustee  in  each  of  the  state  institutions  established  for  the 
benefit  of  the  insane,  deaf  and  dumb,  and  blind.  The  fore- 
going brief  outline  indicates  something  of  Judge  Lockwood's 
standing  in  the  state,  something  of  the  esteem  with  which  he 
was  regarded  by  his  fellow-citizens,  and  something  of  the 
influence  he  must  have  exerted  in  that  period  of  our  state 
history  when  a  few  of  our  good  and  wise  men  were  laying 
the  foundations  of  those  civil,  social  and  educational  institutions 
which  have  secured  for  us  our  present  prosperity,  and  are  a 
standing  proof  of  the  wisdom  and  fidelity  of  the  great  men  into 
whose  labor  we  have  entered. 

All  the  prominent  men,  who  were  intimate  with  Judge  Lock- 
wood  through  this  period,  and  associated  with  him  in  the  vari- 
ous relations  of  life,  with  remarkable  unanimity  speak  of  him  as 
being  eminently  wise  in  council,  earnest  and  persevering  in 
action,  faithful  and  honest  in  every  position  of  trust,  dignified  in 

9 


10  LIFE    AND   TIMES    OF    HON.  SAMUEL   D.  LOCK  WOOD. 

deportment,  kind  and  tender  in  all  friendly  relations,  with  a 
loyalty  to  truth  and  right  commanding  the  admiration  of  all  who 
knew  him,  irrespective  of  all  party  or  sectarian  differences. 

The  influence  of  such  a  man  can  not  be  overestimated,  and  as 
the  fathers  respected  and  honored  him,  so  the  children  should 
venerate  and  love  him. 

But  where  shall  the  writer  find  detailed  proof  of  all  this  ?  The 
eye-witnesses,  who  would  gladly  give  their  testimony,  have,  with 
but  few  exceptions,  passed  to  that  world  from  which  no  voices 
come  back  to  us.  The  work  accomplished  abides  in  its  beauty 
and  grandeur,  but  the  names  of  the  architects  are  not  engraved 
on  the  polished  stones. 

Judge  Lockwood  was  a  remarkably  quiet,  unobtrusive  man, 
never  putting  himself  forward,  even  unwilling  that  his  name 
should  be  prominent  in  connection  with  any  great  enterprise ; 
never  seeking  honor  for  himself,  nor  envious  of  others  who  bore 
the  honor  that  was  really  his  due.  It  is  not  known  that  he  ever 
made  a  public  address,  or  published  any  newspaper  articles  over 
any  signature  which  would  mark  him  as  the  author. 

In  all  the  important  questions  that  arose  from  day  to  day,  he 
felt  an  earnest  interest,  and  took  an  active  part,  but  his  words 
are  unrecorded.  He  wrote  many  letters,  but  he  kept  no  copies, 
and  the  parties  addressed  failed  to  preserve  them.  In  times  of 
excitement,  of  political  and  social  outbursts  of  passion,  his  quiet 
serenity,  good  practical  common  sense,  and  confidence-inspiring 
integrity,  stood  as  a  restraining  influence  far  more  beneficial  than 
the  loud  declamations  even  of  those  who  had  right  on  their  side. 

In  the  recorded  proceedings  of  the  Supreme  Court  of  our  state 
his  decisions  are  marked  pre-eminently  by  a  clear  understanding 
and  full  comprehension  of  the  great  principles  of  common  law, 
and  these  principles,  interpreted  and  applied  by  a  good  practical 
common  sense,  have  made  those  decisions  standard  authority  for 
bench  and  bar.  But  these  decisions  are  for  the  law  student,  and 
they  indicate  but  a  small  part  of  the  service  he  rendered  the 
state  as  one  of  the  justices  of  its  Supreme  Court. 

Before  entering  upon  the  details  of  Judge  Lockwood's  life,  I 
would  append  here  a  few  letters  from  some  men  who  were  to 
some  extent  associated  with  him  and  knew  him  personally. 


GENERAL    SUMMARY    AND    TESTIMONIALS.  11 

Many  others  might  be  given,  but  they  are  all  alike  in  a  definite, 
clear,  general  statement,  but  greatly  deficient  in  those  details 
which  would  help  the  writer  in  a  biographical  sketch. 

Dr.  Edward  Beecher,  President  of  Illinois  College,  from  1830 
to  1844,  now  of  Brooklyn,  New  York,  writes  as  follows :  "I  can 
not  enter  into  any  details  of  the  life  of  Judge  Lockwood,  nor  of 
his  legal  services  to  the  community.  But  I  can  say,  that  during 
an  acquaintance  of  over  twenty  years,  of  which  fourteen  asso- 
ciated me  with  him  as  a  trustee  of  Illinois  College,  I  have  seen 
in  him  incorruptible  integrity,  and  wisdom,  as  a  counsellor  in  all 
things,  with  an  unwavering  devotion  to  sound  principles  and  the 
public  good  in  every  position  he  held.  His  life,  in  all  its 
relations,  public  and  social,  was  spotless,  and  I  think  he  had  the 
entire  confidence  and  warm  affection  of  the  whole  community 
in  which  he  lived.  His  services  to  the  cause,  of  liberty  in  the 
early  history  of  the  state  deserve  a  warm  recognition ;  but  those 
who  lived  in  the  state  before  I  came  to  it,  can  speak  of  them 
more  intelligently  than  I.  I  am  glad  that  you  are  preparing 
a  memorial  of  so  eminent  a  man  among  the  fathers  of  the  state. 

"  Yours  fraternally, 

"EDWARD  BEECHER." 

From  Dr.  T.  M.  Post,  of  St.  Louis,  we  have  the  following : 
"I  became  acquainted  with  Judge  Samuel  D. .Lockwood  and  his 
family  on  my  first  going  to  Jacksonville,  in  the  spring  of  1833, 
and  was  for  a  time  domiciled  in  the  same  house  with  them. 
Judge  Lockwood  was  then  in  the  strength  of  a  noble  manhood. 
He  was  a  man  I  felt  happy  and  honored  to  regard  as  a  friend 
to  the  close  of  his  life.  There  was  in  his  character  a  rare  blend- 
ing of  elements, — a  modesty,  gentleness  and  delicacy  well-nigh 
feminine,  and  great  general  kindliness,  combined  with  intrepid 
firmness  of  principle,  a  large  practical  wisdom,  distinguished 
judicial  ability  and  integrity,  and  a  personal  purity  and  honor 
as  stainless  as  a  star.  He  was  a  man  of  large  and  generous 
public  spirit  and  forecast,  a  friend  of  schools  and  churches,  of 
liberal  culture,  public  improvements,  benevolent  institutions,  and 
civil  order  and  liberty.  He  was  a  most  important  beneficent 
power  in  founding  and  shaping  the  early  history  and  civilization 
of  Illinois. 


12  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

"  In  all  relations,  social,  civil,  and  especially  in  those  of  the 
home,  I  recall  him  as  a  man  to  be  honored,  admired  and  loved, 
and  ever  to  be  remembered  gratefully  by  the  grand  state  of 
which  he  was  among  the  early  founders." 

Hon.  Newton  Bateman,  President  of  Knox  College,  gives  the 
following  almost  filial  tribute :  "  It  is  a  labor  of  love  to  record 
some  of  my  impressions  of  Judge  Lockwood.  His  name  is 
indelibly  associated  with  the  recollections  of  my  youth  and  early 
manhood.  That  name  was  to  me  the  synonym  of  integrity  and 
purity.  I  can  not  express  the  reverent  love  I  felt  for  him.  He 
was  one  of  the  few  ideal  men  whom  I  have  known.  His  influ- 
ence over  me  was  very  great ;  how  much  it  has  had  to  do  in 
turning  me  toward  whatever  of  good  I  may  have  done,  or  tried 
to  do  in  life,  and  from  the  unworthy  in  aims  and  plans,  can  only 
be  known  when  the  factors  of  character  are  revealed  at  the  last 
great  day.  It  will  remain  a  lasting  regret  that  I  could  not  have 
seen  more  of  him  in  his  later  years,  and  been  near  him  at  the 
sunset  of  his  sweet  and  beautiful  life." 


CHAPTER  II. 

PARENTAGE    AND    EARLY    LIFE. 

OF  Judge  Lockwood's  parentage  and  early  life,  we  know 
but  very  little,  and  have  no  means  of  filling  up  the  blank 
spaces. 

His  father,  Joseph  Loekwood,  was  born  December  3,  1764, 
and  was  married  to  Mary  Drake,  October  9,  1788 ;  probably  in 
Poundridge,  Westchester  county,  N.  Y.,  for  there  their  son, 
Samuel,  the  subject  of  our  memoir  was  born,  August  2,  1789. 
Of  the  father's  business  at  this  time,  and  of  the  length  of  the 
family  residence  at  Poundridge,  we  have  no  information.  At 
some  time  within  the  following  ten  years,  the  family  removed 
to  New  York  City,  where  the  father  kept  a  hotel,  having  in  his 
household,  in  addition  to  those  already  mentioned,  a  second  son, 
Jesse  Close,  born  January  7,  1791 ;  a  daughter,  Rebecca  Ann, 
born  March  25, 1792  ;  and  a  third  son,  Cornelius,  born  November 
— ,  1793.  Here  the  father  died  of  yellow  fever,  October  25, 
1799,  the  youngest  son  dying  of  the  same  disease  two  days 
previous.  Thus  the  mother  was  left  with  three  small  children 
and  with  slender  means  of  support.  This  trial  brought  with 
it  a  burden  of  care,  which  must  have  greatly  affected  Samuel's 
character.  By  this  event  his  plans  for  a  liberal  education  were 
broken  up,  and  he  was  thrown  very  much  upon  his  own 
resources. 

On  September  27,  1800,  his  mother  was  married  to  Duncan 
McCall,  and  immediately  removed  with  him  to  Canada,  taking 
with  her  the  youngest  child,  Rebecca  Ann  ;  but  leaving  her  two 
sons  with  relatives  in  New  York  state.  How  Samuel  was  em- 
ployed the  next  three  years  we  do  not  know,  except  that  he 
spent  a  few  months  at  a  private  school  in  New  Jersey,  where,  he 
says  of  himself,  he  acquired  some  knowledge  of  arithmetic,  and 
enough  of  Latin  to  be  able  to  decline  a  few  nouns,  and  conjugate 

13 


14  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

a  few  verbs.  How  he  studied  arithmetic,  we  know  from  his 
own  hand,  for  the  lessons  were  all  given  orally,  and  written  out 
by  the  pupils,  and  his  work  is  still  retained  in  possession  of  the 
family, — quite  a  little  volume,  remarkable  for  its  neatness  and 
accuracy. 

In  August,  1803,  he  went  to  live  with  his  mother's  brother, 
Francis  Drake,  a  lawyer,  of  Waterford,  New  York,  where  he 
remained  as  law  student  and  errand  boy,  until  February,  1811, 
when  he  was  licensed  to  practice  law,  and  opened  an  office  in 
Batavia,  !N.  Y. 

Of  this  uncle,  Judge  Lock  wood  always  spoke  with  the  greatest 
esteem  and  affection.  In  his  house  he  found  a  true  home,  and 
its  Christian  influence  affected  his  whole  life.  And  here  it  may 
be  said  of  Judge  Lockwood,  as  was  said  of  John  Quincy  Adams, 
he  never  had  a  boyhood.  In  early  years  he  met  the  stern 
realities  of  life,  which  left  no  time  for  boyish  or  manly  sports, 
and  as  a  consequence  he  had  no  relish  for  such  things,  and  very 
little  sympathy  with  those  who  had.  This,  of  course,  does  not 
refer  to  home  entertainment,  for  he  was  pre-eminently  a  home 
man,  in  full  sympathy  with  everything  that  would  increase  the 
happiness  of  home,  and  bring  enjoyment  to  the  family  circle. 

Of  Mr.  Lockwood's  professional  life,  while  in  New  York, 
extending  over  a  period  of  nearly  eight  years,  we  have  little 
information,  except  from  his  own  pen.  For  the  first  four  years 
it  was  a  hard  struggle  with  disease  and  pecuniary  embarrass- 
ment. He  was  in  debt  to  friends  for  the  necessary  means  for 
reaching  his  new  residence,  and  for  support,  till  he  could  in 
some  way  help  himself.  Though  in  a  new  country,  he  found 
the  legal  profession  well  filled,  and  in  it  some  men  of  reputation 
and  experience,  able  to  absorb  all  the  business. 

This  period  included  the  war  time  when  everything  was 
depressed  to  the  lowest  point.  Judge  Lockwood,  naturally 
diffident  and  retiring,  feeble  in  physical  constitution,  with  a 
tendency  to  self -depreciation,  and  far  separated  from  all  family 
friends,  must  have  passed  through  trials  of  which  few  have  any 
conception ;  and  his  final  success  is  an  evidence  of  that  sterling 
worth  of  character,  which  in  after  life  was  universally  ascribed 
to  him. 


PAEENTAGE    AND    EARLY    LIFE.  15 

We  gain  some  insight  into  this  part  of  his  life  from  some 
letters  written  to  his  parents  and  sister.  It  will  be  remem- 
bered that  his  mother,  after  her  second  marriage,  had  moved  to 
Canada,  taking  with  her  her  only  daughter.  At  the  time  of 
writing  these  letters,  he  had  been  entirely  shut  away  from  these 
friends  by  the  disturbances  of  the  war,  for  over  three  years,  and 
the  only  way  of  communication  with  them  was  through  private 
parties.  Two  of  these  letters  are  here  given  in  full,  as  revealing 
his  own  feelings,  and  presenting  a  picture  of  those  troublesome 
times. 

AUBURN,  E".  Y.,  May,  1815. 
MY  DEAR  FATHER  AND  MOTHER  : 

It  is  with  feelings  of  satisfaction  never  before  experienced  by 
me,  that  I  acknowledge  the  receipt  of  your  letter  by  Capt.  Met- 
calf.  Friends  of  the  dearest  and  nearest  kin,  whom  I  had  feared 
were  swallowed  up  by  the  dreadful  convulsions  that  have 
recently  agitated  our  respective  countries,  have  at  once  been 
restored  to  me  after  tedious  years  of  suspense  and  anxiety  for 
their  safety.  Such  unexpected  blessings  call  for  my  most  ardent 
gratitude  to  Providence  for  His  kind  and  beneficent  protection 
extended  towards  them,  and  I  think  you  will  sincerely  join  with 
me  in  expressions  of  gratitude  to  Him  who  has  saved  you  and 
your,  family  from  the  sufferings  attendant  upon  the  late  conflict. 

The  information  your  letter  contains  of  your  prosperous  cir- 
cumstances gives  the  highest  satisfaction,  as  I  greatly  feared  you 
had  shared  the  fate  of  thousands  in  the  late  war  by  being 
despoiled  of  your  all. 

The  information  you  desire  respecting  myself,  I  shall  attempt 
to  give  you,  although  I  am  but  a  poor  hand  to  write  about  my- 
self. When  I  saw  you  last,  I  informed  you  of  my  intention  of 
opening  an  office  at  Batavia.  This  I  carried  into  effect  in  the 
fall  after,  and  had  a  tolerable  prospect  of  doing  well  had  I  staid ; 
but  the  season  happened  to  be  extremely  sickly,  and  numbers 
died  in  the  village  with  fevers,  which  impressed  me  with  a  belief 
the  place  was  extremely  unfavorable  to  health.  This,  together 
with  the  circumstance  that  I  was  greatly  troubled  with  sores  and 
boils,  which  the  physician  informed  me  was  owing  to  the  bad- 
ness of  the  water,  and  that  it  was  not  probable  I  could  be  cured 


16  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

without  going  to  some  of  the  springs,  I  determined  to  leave 
there,  and  removed  to  Sempronius,  in  this  county,  in  January, 
1812.  The  complaint  I  contracted  at  Batavia,  I  did  not  get  rid 
of  until  about  a  year  after,  and  I  am  satisfied,  had  I  staid  there, 
I  should  never  have  recovered. 

I  remained  in  Sempronius  a  year  and  eight  months.  In  the 
time  I  did  but  very  little  business,  owing  in  some  measure  to  my 
being  but  little  acquainted  in  the  county,  and  the  place  affording 
but  little  to  do.  I  was,  however,  while  there,  appointed  to 
office  of  Justice  of  the  Peace,  and  Master  in  Chancery,  which 
with  my  business  enabled  me  to  support  myself  decently,  but 
did  not  enable  me  to  pay  the  debts  I  had  contracted  before  I 
got  into  business.  These  offices  I  was  turned  out  of  this  spring, 
in  consequence  of  a  change  of  the  council  of  appointment  from 
federal  to  democratic. 

In  November,  1813,  I  moved  to  this  village,  and  my  business 
has  been  on  the  increase  ever  since.  I  am  in  partnership  with  a 
young  man  of  the  name  of  Throop,  and  I  think  our  office  bids  fair 
to  be  as  reputable,  and  do  as  much  business  as  any  in  the  county. 
But  I  do  not  flatter  myself  that  I  shall  ever  become  rich,  or  even 
possessed  of  property  to  any  extent ;  but  shall  be  satisfied  with 
such  a  share  of  business  as  will  creditably  support  me  through  life. 

You  request  information  relative  to  the  share  taken  by  our 
friends  in  the  late  war.  As  to  Jesse  and  myself,  we  have  been 
inactive  spectators.  Uncle  Samuel  (Drake)  was  called  out  in  the 
fall  of  1812  to  Sackett's  Harbor  and  was  on  duty  for  three 
months.  He  commanded  a  company  of  artillery,  but  was  in  no 
action.  Uncle  Elijah  (Drake)  was  out  three  months  in  the  fall 
of  1813  on  the  Niagara  River.  He  was  first  lieutenant  in  an 
artillery  company.  He  was  once  up  near  Burlington  Heights. 
I  believe  he  was  in  no  engagement,  but  was  out  at  the  time  of 
the  burning  of  Newark,  but  had  nothing  to  do  with  that  dis 
graceful  affair.  Uncle  Jasper  has  had  three  of  his  sons  out  for 
three  months  each,  as  privates  in  the  militia.  None  of  the  rest 
of  our  friends  have  been  in  the  service. 

Our  friends  in  this  country  were  in  usual  health  when  I  heard 
from  them  last,  and  will  be  much  pleased  when  they  hear  of 
your  safety  and  welfare. 


PARENTAGE    AND    EARLY    LIFE.  IT 

Rebecca  Ann  writes  me  that  she  and  her  husband  contemplate 
making  a  visit  this  winter,  and  that  she  expects  you  will  accom- 
pany them.  I  am  very  anxious  that  you  should  come  out,  as  it  is 
very  inconvenient  for  me  to  pay  you  a  visit  this  year.  I  should 
like  to  know  your  conclusions,  for  if  you  can  not  come  out,  my 
desire  to  see  you  is  so  great  that  I  shall  endeavor  to  prevail  on 
some  of  our  friends  to  go  out  with  me  next  winter,  but  I  greatly 
prefer  your  making  us  a  visit  first. 

I  am  very  solicitous  to  learn  what  progress  Duncan  (his  half- 
brother)  has  made,  and  if  you  have  schools  in  your  neighborhood 
which  he  can  attend.  I  wish  you  to  impress  it  on  him  that  I 
shall  be  very  much  disappointed  if  he  does  not  make  the  best 
use  of  his  time  when  he  has  an  opportunity  to  go  to  school. 
*  *  #  * 

Under  the  same  date  he  writes  as  follows  to  his  sister,  who  had 
been  married  several  years  before,  at  the  early  age  of  seventeen, 
to  Col.  Jacob  Potts,  a  very  worthy  gentleman : 

AUBITRN,  IS".  Y.,  May,  1815. 
DEAR  SISTER  REBECCA  : 

The  receipt  of  your  affectionate  letter  has  filled  my  mind  with 
emotions  of  the  tenderest  kind.  The  regard  of  a  brother  for  an 
only  sister,  whose  very  existence  had  almost  been  buried  for  a 
number  of  years,  has  recalled  to  my  mind  all  those  social  and 
affectionate  feelings  which  a  brother  is  capable  of  entertaining 
towards  so  near  a  relative. 

The  time  which  has  elapsed  since  I  last  saw  you  has  been  a 
very  painful  one  to  me.  I  have  continually  been  agitated  with 
doubts  and  fears  respecting  your  situation,  and  I  had  almost 
despaired  of  ever  hearing  from  you  again ;  but  a  merciful  Provi- 
dence has  otherwise  ordered,  for  which  I  feel  in  the  highest 
degree  grateful  to  Him  who  disposeth  everything  according  to 
His  will. 

It  gives  me  great  pleasure  to  learn  from  your  letter,  as  well  as 
from  father's,  that  notwithstanding  all  the  evils  the  country 
around  you  has  sustained  by  the  late  unhappy  war,  that  these 
have  not  reached  you,  and  that  your  husband's  circumstances 
have  continued  prosperous,  and  I  join  you  most  heartily  in  your 
wish  that  the  peace  lately  concluded  may  prove  a  lasting  one. 


18  LIFE    AND    TIMES    OF    HON.  SAMUEL   D.  LOCKWOOD. 

The  situation  in  life  in  which  you  are  placed,  is  in  every 
respect  a  very  desirable  one,  and  much  better  than  that  of  either 
of  your  brothers.  You  are  blessed  with  a  good  husband,  and  I 
hope,  fine  children,  and  every  necessary  that  can  add  to  the  real 
enjoyment  of  life.  We,  on  the  contrary,  are  in  some  measure 
unsettled  in  life,  exposed  on  the  great  ocean  of  time  to  storms 
and  tempests,  without  having  any  fixed  and  certain  home.  Thus 
situated  on  your  part,  I  think  you  can  not  fail  of  being  happy 
yourself,  and  of  making  those  about  you  happy,  and  in  order  to 
do  this,  I  hardly  need  tell  you  how  necessary  it  is  for  you  to  con- 
sult in  everything  the  happiness  of  your  husband — this  is  the 
mainspring  that  ought  to  guide  all  your  actions — and  in  so  doing 
you  consult  that  of  yourself  and  your  children. 
*  *  *>  * 

The  uncle,  Samuel  Drake,  mentioned  in  these  letters,  was  a 
physician  of  considerable  eminence  in  Troy,  1ST.  Y.,  a  man  of 
much  general  intelligence  and  a  true  friend  to  his  nephew,  who 
regarded  him  with  almost  filial  affection.  This  uncle  did  much 
for  his  nephew  in  way  of  advice  and  encouragement,  and  seems 
to  have  understood  and  appreciated  his  character,  as  will  be 
seen  by  the  following  extract  from  a  letter  written  June  18, 
1816,  in  reply  to  one  in  which  Mr.  Lock  wood  had  made  some 
disparaging  remarks  of  himself. 

"  As  to  yourself,  I  have  but  one  remark  to  make ;  and  that  is, 
the  man  of  real  merit  is  always  the  last  to  suspect  his  own  excel- 
lence. If  this  be  true,  as  I  believe  it  is,  I  hope  one  day  you  will 
be  able  to  give  yourself  a  better  character  than  the  one  you  have 
drawn. 

"  Your  friends,  one  and  all,  are  of  the  opinion  that  you  only: 
want  confidence  to  enable  you  to  become  eminent ;  this  you  will 
no  doubt  attain  by  practice.     The  want  of  it  in  a  lawyer  is 
unpardonable" 

From  the  foregoing  letters  we  learn  that  Mr.  Lockwood 
remained  in  Batavia  about  a  year,  then  removed  to  Sempronius, 
where  he  remained  some  twenty  months,  then  removed  to 
Auburn,  where,  on  February  9,  1815,  he  entered  into  partner- 
ship with  Geo.  B.  Throop,  Esq.,  which  partnership  continued 
with  most  pleasant  relations  till  August  18,  1818,  when  it  was 


PARENTAGE    AND    EARLY    LIFE.  19 

terminated  on  account  of  Mr.  Lockwood's  determination  to 
remove  to  another  state.  Mr.  Throop  was  a  brother  of  Enos  T. 
Throop,  a  man  of  considerable  influence,  at  that  time  a  member 
of  congress,  and  some  years  later  governor  of  the  state.  The 
business  of  the  co-partnership  thus  formed  increased  rapidly, 
and  Mr.  Lockwood  soon  gained  a  position  which  in  a  few  years 
would  have  made  him  eminent  in  his  own  state.  He  paid  up 
his  old  indebtedness,  gave  his  younger  brother  a  start  in  business, 
and  had  the  necessary  means  ^at  hand  for  engaging  in  a  new 
enterprise. 

Why  he  left  this  promising  position  we  learn  from  his  own 
pen.  "  My  close  attention  to  business  produced  a  severe  attack 
of  dyspepsia,  and  I  was  advised  by  my  physician  that  I  must 
quit  my  profession,  and  engage  in  some  out-door  employment,  or 
die.  This  was  a  severe  blow  to  me,  as  I  did  not  feel  able  to 
engage  in  any  other  business.  Soon  after,  I  met  a  gentleman 
from  St.  Louis,  who  gave  a  very  favorable  account  of  Illinois, 
and  its  future  prospects,  and  stated  that  the  practice  of  law  there 
was  mainly  done  on  horseback.  This  met  my  case  exactly,  and 
I  sold  out  my  business  on  favorable  terms,  and  in  October,  1818, 
I  started  for  Illinois." 

The  following  commissions  granted  Mr.  Lockwood  while  a 
resident  of  New  York  are  interesting  from  their  quaintness,  as 
well  as  forming  a  part  of  his  biography. 

Hezekiah  Ketchum,  Esquire,  Lieut.  Colonel  Com- 
mandant of  the  Regiment  of  Militia,  in  the  town  of 
[SEAL.]         Half  Moon,  in  the  County  of  Saratoga  and  State  of 
New  York— 

To  Samuel  D.  Lockwood,  GREETING: 

By  virtue  of  the  powers  and  authority  vested  in  me,  I  do  by 
these  presents,  reposing  especial  Trust  and  Confidence  in  your 
.attachment  to  this  State,  and  the  United  States,  Courage  and 
good  conduct,  constitute  and  appoint  you,  the  said  Samuel  D. 
Lockwood,  Serjeant  Major  in  the  said  Kegiment.  You  are 
therefore  carefully  and  diligently  to  discharge  the  duty  of  a 
Serjeant  Major,  commanding  the  said  Kegiment  to  obey  you 
as  such,  and  yourself  to  observe  such  orders  and  instructions, 
as  you  shall  from  time  to  time  receive  from  me,  or  other  your 


20  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

superior  Officers,  according  to  the  Rules  and  Discipline  of  War,, 
pursuant  to  the  Trust  reposed  in  you ;  for  which  this  shall  be 
your  sufficient  warrant. 

Given  under  my  hand  and  seal  this  twenty-second  day  of 
June,  1808. 

H.  KETCHUM,  Lieut.  Col.  Commandant. 

At  the  time  of  this  appointment  Mr.  Lockwood  was  only 
nineteen  yea'rs  of  age. 

THE  PEOPLE  of  the  State  of  New  York,  by  the 
Grace  of  God,  Free  and  Independent : 

To  Samuel  D.  Lockwood — GREETING  : 

We,  reposing  especial  trust  and  confidence,  as  well  in  your 
Patriotism,  Conduct  and  Loyalty,  as  in  your  Integrity,  and 
readiness  to  do  us  good  and  faithful  service,  Have  appointed 
and  constituted,  and  by  these  Presents  Do  appoint  and  con- 
stitute you,  the  said  Samuel  D.  Lockwood,  Pay  Master  of  the 
regiment  of  Militia  in  the  County  of  Saratoga,  whereof  Heze- 
kiah  Ketchum,  Esq.,  is  Lieutenant  Colonel  Commandant. 

You  are  therefore  to  take  the  said  Regiment  into  your  care, 
as  Pay  Master  thereof,  and  the  Officers  and  Soldiers  of  that 
Regiment  are  hereby  commanded  to  obey  and  respect  you  as 
their  Pay  Master,  and  you  are  also  to  observe  and  follow  such 
Orders  and  Directions,  as  you  shall,  from  time  to  time,  receive 
from  our  General  and  Commander  in  Chief  of  the  Militia, 
of  our  said  State,  or  any  other,  your  superior  Officer,  accord- 
ing to  the  Rules  and  Discipline  of  War,  in  pursuance  of  the 
trust  reposed  in  you ;  and  for  so  doing,  this  shall  be  your 
commission,  for  and  during  our  good  pleasure,  to  be  signified 
by  our  Council  of  Appointment. 

IN  TESTIMONY  WHEREOF,  We  have  caused  our  seal 
[SEAL.]         for  Military  Commissions  to  be  hereunto  affixed  : 

WITNESS  our  trusty  and  well  beloved  DANIEL  D, 
TOMPKINS,  Esquire,  Governor  of  our  said  State,  Gen- 
eral and  Commander  in  Chief  of  all  the  Militia,  and 
Admiral  of  the  Navy  of  the  same,  by  and  with  the 
Advice  and  Consent  of  our  said  Couucil  of  Appoint- 
ment, at  our  City  of  Albany,  the  llth  day  of  Febru- 
ary in  the  year  of  our  Lord  One  Thousand  Eight 


JflH 

*-<-' 


-s-p 
?  is  if 


PARENTAGE    AND    EARLY    LIFE.  21 

Hundred  and  eleven,  and  in  the  Thirty-fifth  Year  of 
our  Independence. 

Passed  the  Secretary's  Office  the  21st  day  of  May,  1811. 
ANTHONY  LAMB,  Dep.  Secretary. 

DANIEL  D.  TOMPKINS. 

In  preparing  to  come  to  Illinois,  Mr.  Lockwood  secured  a 
large  number  of  letters,  of  introduction  and  recommendation, 
addressed  to  prominent  individuals  in  various  places  in  the 
Northwest.  Many  of  these  were  never  used,  and  copies  of  some 
of  them  are  here  given,  as  indicating  the  reputation  he  had 
established,  and  the  high  esteem  in  which  he  was  held  by  his 
associates. 

AUBURN,  New  York,  Oct.  14,  1818. 
•SIR: 

We,  the  undersigned,  members  of  the  Court  and  Bar  of  the 
County  of  Cayuga,  having  been  informed  that  you  are  about  to 
remove  from  this  County  and  to  establish  your  residence  in  the 
Territory  of  Illinois,  avail  ourselves  of  the  occasion  to  express  to 
you  the  high  sense  we  have  constantly  entertained  of  your  learn- 
ing, integrity  and  talents ;  and  to  assure  you  that  wherever  you 
may  go,  you  will  be  followed  by  our  grateful  remembrance,  and 
our  ardent  prayers  for  your  health,  prosperity  and  happiness. 

To  SAMUEL  D.  LOCKWOOD,  Esq. 

Signed  by  E,  T.  Throop,  Gershom  Powers,  and  twenty-one 
others  of  the  Cayuga  court  and  bar. 

AUBURN,  State  of  New  York,  Oct.  19,  1818. 
DEAR  SIR  : 

I  beg  leave  to  introduce  to  your  acquaintance  my  much 
esteemed  friend,  Samuel  D.  Lockwood,  Esq.,  a  highly  respect- 
able member  of  the  bar  in  this  state.  He  is  on  his  way  to  Illi- 
nois, where  he  intends  to  establish  his  residence. 

Any  information,  or  advice,  which  you  may  please  to  give 
him,  in  relation  to  that  territory,  will  be  grateful  to  him.    I  take 
pleasure  in  making  Mr.  Lockwood  known  to  you. 
Most  cordially  your  friend, 

JOHN  "W.  HULBERT. 
To  Gen.  WM.  H.  HARRISON,  Cincinnati. 


22  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

AUBURN,  CAYUGA  Co.,  K  Y.,  October  19,  1818. 
DEAR  SIR  : 

Presuming  on  our  short  acquaintance  during  the  first 
session  of  the  14th  Congress,  I  take  the  liberty  of  recom- 
mending to  your  particular  notice  and  acquaintance  my  friend, 
Samuel  D.  Lock  wood,  Esquire,  the  bearer  of  this. 

Mr.  Lockwood  is  about  to  remove  to  your  state,  with  a  view 
of  settling  there ;  and  if  virtue,  talents,  learning  and  assiduous 
application  to  business,  command  distinction  and  prosperity,  I 
am  sure  he  has  a  right  to  claim  them. 

He  has  been  a  resident  for  many  years  in  this  village,  during 
which  period  he  has  established  the  character  of  a  profound  and 
able  lawyer,  and  an  honest  and  honorable  man. 

I  avail  myself  of  this  occasion  to  assure  you  of  my  profound 
respect  and  regard.  E.  T.  THROOP. 

HON.  BENJAMIN  STEVENSON. 

Mr.-Throop  at  this  time  was  a  member  of  Congress,  and  some 
years  after  was  governor  of  New  York.  He  lived  to  an  ad- 
vanced age,  and  nearly  fifty-six  years  after  the  date  of  the 
above  letter,  the  writer  of  this  sketch  sent  him  a  copy  of  it,  with 
an  obituary  notice  of  Judge  Lockwood,  showing  how  fully  his 
friendly  recommendation  had  been  substantiated  by  over  fifty 
years  of  faithful  service,  and  was  much  gratified  by  the  receipt 
of  the  following  reply  : 

WILLOWBROOK,  AUBURN  P.  O.,  N.  Y.,  June  5,  1874. 
MY  DEAR  SIR  : 

The  kindness  of  your  act  in  sending  me  a  notice  of  the  death 
of  my  esteemed  friend,  Judge  Lockwood,  with  the  document 
accompanying  it,  has  been  truly  appreciated,  although  so  long 
unacknowledged.  You  will  find  sufficient  reason,  I  trust,  in 
recollecting  the  infirmities  usually  accompanying  exceeding  old 
age — and  in  my  case,  accompanied  by  want  of  eyesight,  so  that 
I  shall  be  obliged  to  use  an  additional  pair  of  spectacles  to  read 
what  I  have  written. 

To  lose  a  friend  like  Judge  Lockwood  is  painful,  but  it  is 
inevitable;  yet  it  is  a  pleasant  thing  to  know  that  he  lived 
always  in  the  respect  of  those  who  knew  him  intimately,  and 


PARENTAGE    AND    EARLY    LIFE.  23 

that  he  discharged  all  the  various  duties  of  the  various  public 
offices  which  the  partiality  of  the  public  imposed  upon  him. 

To  me  it  is  truly  flattering  and  grateful  to  know  this,  and 
that  he  retained  to  the  last  a  loving  memory  of  his  friendship 
for  me.  The  good  deeds  of  men  live  after  them. 

Please  present  my  condolence  to  all  his  relatives  in  your 
region,  and  believe  me  Your  grateful  friend, 

E.  T.  THROOP. 


CHAPTEE  III. 

REMOVAL  TO  ILLINOIS — FLATBOAT  TRIP  DOWN  THE   ALLEGHENY  AND 

OHIO  RIVERS. 

IK  the  summer  and  fall  of  1818  newspapers  of  the  country 
were  filled  with  glowing  accounts  of  the  Great  Northwest, 
with  prophecies  of  its  rapid  advancement,  and  exciting  repre- 
sentations of  its  wonderful  resources  soon  to  be  developed. 
Attention  was  especially  directed  to  Illinois,  by  the  discussion  in 
Congress  relating  to  its  admission  as  a  State  into  the  Union. 
Several  of  Mr.  Lockwood's  young  friends,  knowing  of  his  in- 
tended removal,  joined  with  him  in  a  plan  of  making  the 
journey  on  a  natboat  down  the  Allegheny  and  Ohio  rivers. 
Accordingly  a  party  of  ten,  whose  names  will  appear  hereafter, 
was  formed,  With  the  agreement  to  join  in  the  purchase  of  a  flat- 
boat  and  necessary  supplies  for  the  trip.  Each  one  might  take 
such  private  property  for  use  or  trade,  as  he  desired.  This 
party  met  at  Olean  Point,  as  it  was  then  called,  the  latter  part 
of  October,  and  there  purchased  a  boat,  procured  the  necessary 
supplies,  and  without  chart  or  pilot,  or  any  experience  in  that  or 
any  other  line  of  navigation,  started  on  their  trip.  It  was  a 
grand  enterprise,  in  which  any  young  man  of  energy  and  spirit 
would  have  been  glad  to  participate. 

The  voyage  was  made  without  any  incidents  worthy  of  record. 
The  weather  was  fine,  the  river  in  good  stage  of  water;  the 
party  was  made  up  of  young  men  from  the  best  families,  some 
of  them  well  educated,  and  with  good  standing  in  various  pro- 
fessions and  lines,  of  business.  The  feeblest  one  in  the  party  was 
assigned  to  the  cooking  department,  supposing  there  the  work 
would  be  lightest,  but  within  a  week  this  was  found  to  be  the 
hardest  position  on  the  boat.  The  "  feeblest  "  man  was  glad  to 
resign  and  take  his  place  at  the  oars.  The  oars  were  used  not  as 
a  propelling  but  steering  power,  and  had  to  be  kept  ready  for 


REMOVAL    TO    ILLINOIS.  25 

immediate  use  to  prevent  running  ashore,  or  striking  some  island 
or  other  obstruction  in  the  river. 

At  Pittsburg  Mr.  Lockwood  procured  a  book  for  the  use  of 
the  party,  bearing  the  accompanying  title  page.  [See  page  26.] 

This  book  must  have  been  very  interesting,  as  well  as  helpful 
to  the  party,  with  its  full  description  of  the  river  and  directions 
to  the  navigator,  with  glowing  accounts  of  the  country  in  general, 
and  of  the  thriving  villages  and  cities  soon  to  be.  To  the 
reader  of  the  present  day,  it  is  both  interesting  and  amusing, 
with  its  rough  wood-cut  of  different  sections  of  the  river,  looking 
like  pieces  of  a  great  serpent,  with  a  map  of  Pittsburg  for  its 
head,  and  its  descriptions  of  places  and  things  as  they  were 
seventy  years  ago.  The  only  thing  in  it  for  us  now  is  the 
following  entry  on  the  fly-leaf,  the  heading  in  the  handwriting 
of  Mr.  Lockwood,  and  the  rest  in  that  of  William  H.  Brown : 

SHIP  ILLINOIS. 

CAPTAIN  LITTLE,  Master. 

Descended  the  Ohio  in  the  months  of  November  and  Decem- 
ber. Cargo :  Live  stock  principally.  Consigned  to  State  and 
Territory  of  Illinois  and  Missouri.  Sales  indifferent,  and  pros- 
pects bad. 

Samuel  D.  Lockwood  and  William  B.  Rochester,  supercargoes ; 
James  Morrison,  first  mate ;  Thomas  Rochester,  second  mate ; 
Doctor  Wood  worth,  surgeon. 

DAVID  E.  CUYLEK,      -^ 

DANIEL  CURTIS, 

r        n  -D  r  teamen. 

JOHN  C.  ROCHESTER, 

WILLIAM  H.  BROWN,  J 

This  ship  Illinois,  in  the  persons  of  two  of  its  crew,  Samuel 
D.  Lockwood  and  William  H.  Brown,  brought  to  our  state  as 
valuable  a  cargo  as  ever  entered  any  of  her  ports. 

The  party  reached  Shawneetown  about  the  20th  of  December, 
without  accident,  except,  an  occasional  wetting  in  getting  their 
boat  off  sand  bars  or  clear  of  snags,  and  all  in  excellent  health 
and  spirits. 

On  their  way  down  the  Ohio,  they  passed  a  steamboat,  the 
first  any  of  the  party  had  ever  seen.  They  had  looked  for  this 


THE 

NAVIGATOR, 

CONTAINING 
DIRECTIONS  FOR  NAVIGATING  THE 

MONOSTGAHELA,  ALLEGHENY, 
OHIO,  A1STD  MISSISSIPPI  RIVERS; 

WITH  AN  AMPLE  ACCOUNT 

OF  THESE  MUCH  ADMIEED  WATERS, 

FROM    THE    HEAD    OF    THE    FORMER 

TO  THE  MOUTH  OF  THE  LATTER; 

AND    A    CONCISE 

DESCRIPTION  OF  THEIR  TOWNS,  VILLAGES, 

HARBORS,  SETTLEMENTS,  &c. 
WITH  MAPS  OF  THE  OHIO  AND  MISSISSIPPI. 

TO  WHICH  IS  ADDED 

AIST    APPENDIX, 

CONTAINING 

AN  ACCOUNT  OF  LOUISIANA 

AND  OF 

THE  MISSOURI  AND  COLUMBIA  RIVERS, 

AS  DISCOVERED  BY  THE  VOYAGE  UNDER 
CAPTS.  LEWIS  AND   CLARK. 

TENTH    EDITION. 


PITTSBURGH, 

PRINTED   AND    PUBLISHED   BY   CRAMER   &    SPEAR, 

FRANKLIN   HEAD,    WOOD    STREET. 

1818. 


REMOVAL    TO    ILLINOIS.  27 

with  a  great  deal  of  interest.  Alas!  how  disappointing  the 
longed-for  sight ;  an  immovable  hulk,  the  machinery  still,  fires 
extinguished,  hard  aground  on  a  sand  bar,  waiting  for  some 
moving  in  the  waters  to  recover  it  from  its  im potency.  The  flat- 
boatman's  occupation  was  not  yet  gone. 

The  following  incident  the  writer  has  learned  from  many  con- 
versations between  Judge  Lockwood  and  Mr.  Brown,  where  the 
story  was  told  with  a  good  deal  of  mirtn  on  the  part  of  one  and 
not  a  little  indignation  manifested  by  the  other. 

On  leaving  Auburn,  the  party  changed  most  of  their  funds,  at 
the  suggestion  of  a  bank  president  there,  into  new  bills  of  his 
bank,  just  from  the  engraver.  At  Olean  Point,  payments  for 
the  flatboat  and  other  purchases  were  made  in  these  bills.  When 
everything  was  ready  for  the  trip  down  the  river,  the  party  spent 
the  night  in  their  cabin,  expecting  to  start  early  the  next  morn- 
ing; but  their  slumbers  were  disturbed  by  the  arrival  of  the 
sheriff  with  a  posse,  who  arrested  the  whole  company  as  a  band 
of  counterfeiters.  The  storm  of  indignation  that  arose  can  be 
imagined,  but  not  described.  The  young  lawyers  had  a  chance 
to  showT  their  oratory,  but  the  sheriff  must  perform  his  duty. 
The  whole  party  was  marched  off  to  the  justice's  office.  A 
brief  explanation  opened  the  eyes  of  the  justice,  and  the  par- 
ties were  discharged  without  trial,  but  the  indignation  did  not 
subside.  Olean  Point  never  had  any  friends  aboard  the  "  ship 
Illinois." 

The  most  amusing  part  of  the  story  is  the  way  in  which  it 
became  public.  The  members  of  the  party  agreed  among  them- 
selves never  to  mention  the  affair  to  others,  and  as  there  were 
few  newspapers  in  those  days,  with  correspondents  greedy  for 
local  items,  the  whole  matter  was  for  several  years  kept  quiet ; 
but  some  seven  or  eight  years  after,  when  Judge  Lockwood  was 
holding  court  in  Edwards  county,  a  man  was  brought  up  for 
trial,  who,  to  the  surprise  of  his  counsel  and  against  their  advice, 
insisted  upon  a  change  of  venue  on  the  ground  that  the  judge 
was  prejudiced  against  him.  When  assured  by  the  counsel  that 
this  could  not  be,  and  pressed  for  the  reason  for  his  feeling  in  the 
case,  he  told  the  story  of  the  arrest  of  the  counterfeiters ;  that 
he  was  the  sheriff  that  made  the  arrest,  and  was  afraid  the  judge 


28  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

would  recognize  him.  The  story  was  too  good  a  joke  to  be  kept 
quiet,  and  the  secret  was  out. 

Soon  after  reaching  Shawneetown  the  flatboat  party  was 
broken  up,  and  the  comrades  of  the  voyage  were  separated,  never 
to  come  together  again.  Lockwood  and  Brown,  who  had  been 
warm  and  intimate  friends  in  Auburn,  determined  to  keep 
together  and  to  make  Illinois  their  home.  Of  the  others,  very 
little  is  known  to  the  writer ;  William  B.  Rochester  returned  to 
New  York  and  became  a  prominent  citizen,  as  a  member  of  Con- 
gress and  a  candidate  for  governor,  losing  the  election  by  only 
a  few  votes. 

Lockwood  and.  Brown  made  the  trip  from  Shawneetown  to 
Kaskaskia,  the  state  capital,  a  distance  of  120  miles,  on  foot, 
expecting"  to  reach  their  destination  on  Christmas,  but,  wholly 
unaccustomed  to  that  mode  of  traveling,  the  progress  was  slower 
than  calculated,  and  they  did  not  enter  the  village  of  log  cabins 
until  the  26th  of  December. 

On  Christmas  day,  Lockwood  and  Brown  were  ^passed  by  two 
young  men,  in  some  sort  of  a  vehicle,  bound,  like  themselves,  for 
Kaskaskia,  and  coming  to  stay.  These  young  men  were  Thomas 
Mather  and  Sidney  Breese,  men  afterwards  prominent  in  the 
history  of  our  state,  and  in  this  wayside  chat  these  four  young 
men,  all  from  New  York,  commenced  an  acquaintance  which 
lasted  through  life. 


CHAPTEE  IY. 

ILLINOIS  TERRITORY. 

IK  January,  1809,  Congress  passed  an  act  dividing  the 
Indiana  Territory,  and  giving  to  Illinois  a  distinct  and 
independent  political  existence.  It  was  a  magnificent  domain, 
with  territorial  boundaries  including  the  present  states  of  Illinois 
and  Wisconsin ;  and  ever  since  the  days  of  Marquette  and  Joliet, 
a  wonderland,  with  its  limitless  water  courses,  its  vast  plains, 
rich,  fertile  and  beautiful,  beyond  description ;  its  inexhaustible 
stores  of  coal,  iron  and  lead,  and  fabulous  surmisings  as  to  pre- 
cious metals. 

What  is  to  be  the  history  of  this  new  territory,  so  blessed  of 
God  in  all  natural  resources  ?  What  is  its  influence  to  be  in  the 
councils  of  the  nation  ? — in  the  history  of  the  country  ?  Shall 
this  new  territory  be  barbarian,  or  civilized  ?  Catholic  or  Pro- 
testant ?  Cursed  with  slavery,  or  blessed  with  freedom  ?  These 
are  the  unsolved  questions  of  the  day,  but  questions  that  demand 
a  speedy  answer.  These  vast  issues  are  trembling  in  the  balance. 
Slight  influences,  a  few  men,  even  a  single  man,  may  turn  the 
scale.  The  outlook  is  not  promising.  There  is  nothing  in  the 
established  institutions,  and  very  little  in  the  character  of  the 
people  to  inspire  hope.  Hardly  a  Protestant  church,  or  mission 
station  ;  scarcely  a  schoolhouse,  or  Christian  teacher  to  be  found 
in  the  land.  More  than  30,000  Indians  still  hold  undisputed  pos- 
session of  nine-tenths  of  this  territory — Indians  wronged,  revenge- 
ful, savage.  One  more  added  wrong  may  combine  these  roving 
tribes  under  some  efficient  leader,  threatening  the  extermination 
of  the  white  settlers.  Of  the  10,000  population  enumerated  in 
the  census,  one-fifth  are  the  old  French  settlers,  with  their 
dependents  and  negro  slaves,  unambitious,  pleasure-loving,  good- 
natured,  but  intensely  Catholic,  with  no  sympathy  with  our 
republican  and  Protestant  institutions.  These,  concentrated  and 


30  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

united,  exert  a  controlling  influence.  The  remainder  of  the 
population  is  made  up  of  everything,  the  soldier  element  largely 
prevailing,  old  rangers  familiar  with  Indian  warfare.  Quite  a 
number  who  had  come,  under  Col.  George  Roger  Clark,  in  the 
old  Virginia  expedition,  to  capture  Illinois,  charmed  by  the 
beauty  and  richness  of  the  country,  determined  to  make  it  their 
home.  At  Shawneetown,  and  less  important  points  on  the  rivers, 
were  collections  of  flatboatmen  engaged  in  river  traffic,  rough, 
profane  and  godless.  Sprinkled  in  among  all  these  were  a  few 
of  a  better  class,  but  all  adventurers,  fortune  seekers,  honest  and 
enterprising  in  many  cases,  but  with  no  higher  ends  or  motives 
in  life.  Yery  few  names  have  come  down  to  us  from  that  early 
period  worthy  of  consideration. 

Pierre  Menard,  as  leader  of  the  French  settlers,  was  perhaps 
the  most  influential.  A  good  man  he  is  called,  but  a  Catholic,  a 
slaveholder,  and  an  earnest  advocate  of  slavery. 

William  Morrison,  who  came  from  Philadelphia  to  Kaskaskia 
in  1790,  was  the  merchant  prince  of  the  northern  Mississippi 
valley,  and  with  a  partner  resident  in  Philadelphia,  and  branch 
houses  in  Pittsburgh  and  New  Orleans,  he  built  up  a  trade,  and 
established  commercial  relations  hardly  surpassed  in  these  days 
of  vast  enterprises.  He  brought  into  this  new  country,  in  his 
own  person  and  family,  an  element  of  civilization,  culture  and 
refinement,  for  those  rough  times ;  and  his  success  in  business 
brought  around  him,  in  later  years,  quite  a  colony  of  relatives 
and  friends  from  the  old  Quaker  state  ;  but  he  became  a  Catholic 
and  died  in  full  sympathy  with  that  church,  and  Ins  example  was 
followed  by  not  a  few  of  his  associates.  This  is  not  strange,  for 
this  was  the  only  church  organized,  and  in  this  way  only  could 
the  new  settlers  have  their  children  baptized,  or  secure  a  minis- 
terial marriage  service,  or  a  Christian  burial. 

Where  shall  be  found  the  leaven  of  truth  and  righteousness, 
to  act  in  this  vast  mass  of  error  and  corruption  ?  The  Christian 
church  is  not  yet  aroused  to  any  realizing  sense  of  the  important 
work  to  be  done.  Missionary  societies  have  not  yet  been  organ- 
ized, except  for  immediate  home  work  ;  but  the  danger  is  immi- 
nent ;  something  must  be  done,  and  done  speedily.  In  this  crisis 
President  Madison,  as  one  of  the  first  acts  of  life  administration, 


ILLINOIS    TERRITORY.  31 

rendered  to  the  new  territory  most  valuable  and  important 
service ;  and  the  state  of  Illinois,  and  the  whole  country,  are 
under  lasting  obligation  to  him,  for  the  kind  of  men  he  selected 
to  fill  the  official  stations  under  his  appointment.  These  were 
not  needy  partisans  to  be  rewarded  for  party  service,  nor  restless 
adventurers  seeking  employment ;  but  they  were,  without  excep- 
tion, men  of  high  character,  cultivated  manners,  and  already 
holding  important  positions  in  other  localities.  In  accepting  the 
appointments,  they  came  to  the  new  territory  with  the  intention 
of  making  it  their  home,  to  give  to  it  their  life  work,  and  to 
secure  for  it  those  influences  and  institutions,  which  would  insure 
its  permanent  well-being.  The  most  prominent  of  these  men 
were  Niniaii  Edwards,  governor ;  Nathaniel  Pope,  secretary  of 
state :  Jesse  B.  Thomas  and  Stanley  Griswold,  judges,  each  of 
whom  is  worthy  of  a  much  more  extended  notice  than  can  here 
be  given. 

Governor  Edwards  was  born  in  Maryland,  and  was  brought  up 
under  the  best  educational  and  social  influences  of  his  native 
state.  Removing  in  early  life  to  Kentucky,  he  there  entered 
upon  a  successful  career  as  a  lawyer,  and  had  reached  the  high 
eminence  of  chief  justice  of  the  supreme  court  of  that  state, 
when  he  received  his  appointment  to  the  new  territory.  He 
retained  this  position  of  governor  till  Illinois  was  admitted  as  a 
state,  when  he  was  chosen  United  States  senator.  In  his  official 
capacity  as  governor  he  secured  the  enactment  of  wise  laws,  did 
much  to  secure  the  peace,  tranquillity  and  prosperity  of  the 
people,  and  through  all  the  Indian  troubles  of  that  period  adopted 
and  carried  out  such  wise  and  just  measures  as  secured  the  new 
settlements  from  savage  raids.  He  was  conciliatory,  but  firm 
and  energetic  in  all  his  movements,  and  undoubtedly  saved 
southern  Illinois  from  what  might  have  been  a  second  Chicago 
massacre. 

Secretary  Pope,  better  known  as  Judge  Pope,  a  native  of  Ken- 
tucky, was  a  lawyer  of  marked  ability,  refined  and  scholarly, 
with  all  those  traits  of  character  which  would  make  him  a  power 
for  good  in  his  new  home.  In  1816  he  was  chosen  territorial 
delegate  to  Congress,  and  in  that  capacity  secured  the  passage  of 
a  measure  which  must  be  regarded  as  the  most  important  legis- 


32  LIFE    AND    TIMES    OF    HOK.   SAMUEL    D.  LOCKWOOD. 

lative  act  relating  to  our  state ;  and  the  credit  of  it  is  due  to  him 
alone.  This  was  an  amendment  to  the  act  admitting  Illinois  as 
a  state,  which  changed  the  northern  boundary  from  a  line  run- 
ning due  west  from  the  southern  extremity  of  Lake  Michigan  to 
latitude  42°  30',  giving  to  the  new  state  a  strip  of  land  about 
fifty  miles  wide.  It  would  take  a  long  chapter  to  give  Judge 
Pope's  reasons  for  this  amendment,  and  a  still  longer  one  to 
show  its  influence  on  the  history  of  the  state  and  nation. 

Judge  Thomas  was  delegate  to  Congress  from  Indiana  Ter- 
ritory at  the  time  of  its  division,  and  the  principal  agent  in 
securing  that  division.  He  was  a  lawyer  of  marked  ability, 
and  a  gentleman  of  high  standing,  morally  and  socially,  but 
he  had  already  made  himself  prominent  as  an  advocate  of 
slavery,  and  in  the  subsequent  history  of  Illinois  was  a  leader 
on  the  pro-slavery  side.  He  was  president  of  the  convention 
which  formed  our  state  constitution,  and  was  elected  the  first 
United  States  senator. 

Judge  Griswold  was  from  New  England,  the  only  repre- 
sentative from  that  section  ;  but  he  brought  with  him  his  Puri- 
tan habits.  As  Governor  Reynold  says  of  him,  "He  was  a 
correct,  honest  man ;  a  good  lawyer ;  paid  his  debts,  and  sung 
David's  Psalms." 

These  men  did  not  come  alone.  They  brought  with  them 
their  families.  Those  from  the  south  brought  with  them  their 
domestic  servants.  They  were  followed  also  by  many  of  their 
relatives  and  acquaintances,  and  their  homes  became  centres  of 
hospitality,  refinement  and  Christian  influence.  When,  a  few 
years  later,  Samuel  J.  Mills  came  to  the  territory,  as  the 
pioneer  home  missionary  and  Bible  agent,  from  Connecticut,  he 
found  at  the  home  of  Judge  Griswold  in  Shawneetown  a  hearty 
welcome,  and  a  little  band  of  sympathetic  workers ;  and  at  Kas- 
kaskia  a  like  welcome  from  Governor  Edwards  and  Judge 
Pope,  whose  names  head  the  list  in  the  first  Bible  society 
formed,  and  whose  influence  quieted  all  Catholic  opposition  to 
this  Protestant  work. 

One  act  passed  by  the  Indiana  legislature  in  180Y  and  adopted 
by  the  new  territory,  must  here  be  noticed.  This  was  an  act, 
providing  for  the  introduction  of  negroes  and  mulattoes  into  the 


ILLINOIS    TERKITOBY.  33 

state,  by  their  owners,  coming  from  slave  states,  containing  pro- 
visions under  which  these  so-called  servants  could  be  held  in 
absolute  slavery.  This  was  in  direct  violation  of  the  ordinance 
of  1787,  and  was  a  dark  blot  on  the  fair  fame  of  our  state,  and 
subsequently  resulted  in  a  cruel  and  oppressive  system  of  servi- 
tude. The  first  result  was,  however,  beneficial,  as  it  enabled 
many  families  of  wealth,  culture  and  refinement,  to  come  to  the 
new  territory,  wTho  otherwise  could  not  have  endured  the  priva- 
tions and  hardships  of  a  new  country.  Tn  1.810,  the  number  of 
such  indentured  and  apprenticed  servants  was  over  600,  and  in 
the  next  ten  years  increased  to  1300. 

We  pass  over  nine  years  of  territorial  history,  and  find  great 
and  important  changes.  The  growth  has  been  wonderful. 
Organized  counties  have  increased  from  two  to  fifteen,  giving  so 
many  centres  of  population  and  influence  ;  the  number  of  settlers 
has  increased  fourfold.  Some  of  the  pressing  questions  have 
been  settled.  The  Indians,  greatly  diminished  in  number,  broken 
in  spirit,  and  shut  up  in  well-defined  reservations,  have  ceased 
to  be  a  terror.  The  Catholic  element  has  remained  about  sta- 
tionary, andi  its  influence  so  far  diminished  that  we  may  say 
Illinois  is  safely  Protestant.  The  free  states  have  sent  some  of 
their  best  men  to  the  new  territory,  and  New  England  ideas  and 
convictions  are  asserting  themselves  in  various  localities.  The 
steamboat  has  made  its  trial  trip  on  the  western  waters,  and  will 
revolutionize  the  commerce  of  the  Mississippi  valley.  Some 
issues,  however,  still  hang  in  the  balance.  Shall  Illinois  be  a 
New  England  or  a  Texas  ?  The  home  of  Christian  culture  and 
refinement,  or  of  border  ruffianism  ?  By  its  admission  to  the 
Union,  shall  the  domain  of  freedom  or  slavery  be  extended? 
The  influence  of  a  few  men  may  decide  the  question.  And  thus 
Illinois  enters  upon  its  history  as  a  free  and  independent  state. 


CHAPTEK  Y. 

LIFE  IN  ILLINOIS  FEOM  JANUARY,  1819,  TO  JANUARY,»1825. 

AS  we  have  seen,  Lockwood  and  Brown  entered  Kaskaskia 
December  26,  1818,  entire  strangers  to  the  country,  and 
without  an  acquaintance  in  the  state ;  but  they  were  just  the 
kind  of  men  that  were  needed  at  that  time,  and  both  soon  found 
friends  and  plenty  of  work.  One  of  these  friends  has  already 
been  mentioned,  and  he  was  in  every  respect  a  true  friend,  and 
was  ever  after  remembered  by  Mr.  Lockwood  with  the  highest 
esteem  and  affection.  This  was  Nathaniel  Pope,  now  just  ap- 
pointed by  President  Monroe  judge  of  the  United  States  District 
Court  for  the  new  state.  He  soon  after  appointed  Brown 
clerk  of  his  court,  a  most  desirable  position ;  and  he  seems  to 
have-  appreciated  Mr.  Lockwood  at  first  sight,  for  after  an 
acquaintance  of  only  a  few  days,  he  gave  him  this  letter  of 
recommendation : 

KASKASKIA,  January  8,  1819. 
DEAR  SIR  : 

Mr.  Lockwood,  the  bearer  of  this,  bore  letters  to  me,  intro- 
ducing him  as  a  gentleman  of  integrity  and  talents.  I  have 
found  him  all  that  his  friends  represent  him  to  be. 

He  contemplates  a  visit  to  St.  Louis,  and  I  am  anxious  to 
make  you  and  him  acquainted.  I  have,  therefore,  pressed  upon 
him  this  letter  to  you.  Knowing  that  you  can  not  fail  to  be 
pleased  with  him,  I  shall,  esteem  you  my  debtor  for  introducing 
into  your  society  one  so  agreeable  and  intelligent. 

I  am,  dear  sir,  with  sentiments  of  the  most  sincere  friendship? 

Your  obedient  servant, 

NATHANIEL  POPE. 
WILLIAM  C.  CARR,  Esquire,  St.  Louis,  Mo. 

This  letter  was  not  used,  as  Mr.  Lockwood's  first  impressions 
of  St.  Louis  were  not  favorable,  and  the  first  sight  of  slavery 


LIFE    IN    ILLINOIS.  35 

made  him  turn  his  back  upon  it.  The  next  two  years  were  spent 
in  the  ordinary  legal  practice  peculiar  to  a  new  country.  A 
large  part  of  his  time  was  taken  up  in  arranging  cases  and 
preparing  legal  documents  for  other  attorneys,  who  greatly 
needed  help  in  this  direction.  He  remained  in  Kaskaskia  only 
a  year,  when,  as  he  states  it,  "  finding  practicing  law  on  horse- 
back was  no  joke,  and  influenced  by  the  advice  of  friends,  who 
represented  the  Wabash  country  as  affording  a  better  position 
for  practice,  with  better  prospect  of  success,  I  removed  to  Carmi, 
where  I  resided  another  year." 

At  the  second  session  of  the  Illinois  legislature,  January,  1821, 
which  was  held  at  Yandalia,  the  new  seat  of  government,  then 
a  perfect  wilderness,  Gen.  White,  senator  from  White  county, 
really  without  Mr.  Lockwood's  consent,  presented  his  name  to 
the  legislature  as  a  candidate  for  the  position  of  attorney-general, 
and  after  twenty-one  ballotings,  and  a  part  of  two  days  spent  in 
the  contest,  he  was  elected  to  that  office.  The  principal  opposing 
candidates  in  this  contest  were  James  Turney,  Theophilus  W. 
Smith  and  Henry  S.  Dodge,  all  well  known  in  the  subsequent 
history  of  the  state.  The  greatest  number  of  votes  cast  was 
forty-two,  and  the  friends  of  the  different  parties,  being  about 
equally  divided,  made  a  hard  fight. 

This  election  to  office  rendered  another  change  of  residence 
necessary,  and  Mr.  Lockwood  re-crossed  the  state  and  located  at 
Edwardsville,  in  1821. 

While  in  Carmi,  Mr.  Lockwood  formed  an  acquaintance  with 
William  Wilson,  afterwards  chief  justice,  and  with  whom  he  was 
associated  on  the  bench  for  twenty-four  years.  Between  them 
there  always  existed  a  strong  friendship.  In  January,  1821, 
Mr.  Lockwood,  in  company  with  Judge  Wilson  and  Henry 
Eddy,  made  a  horseback  trip  from  Carmi  to  Yandalia,  an  inci- 
dent of  which  is  thus  reported,  in  "  Flower's  History  of  the 
English  Settlement  in  Edwards  County,"  as  showing  some 
features  of  the  country  at  that  time. 

"  In  journeying  alone,  or  in  company,  great  risks  were  run 
from  floods,  loss  of  way,  and  sudden  change  of  temperature, 
•especially  in  the  winter  season.  Judge  Wilson,  Mr.  S.  D.  Lock- 
wood,  and  Mr.  Henry  Eddy,  of  Shawneetown,  undertook  to 


36  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

reach  Yandalia  from  one  of  the  counties  on  the  Wabash,  a  little 
north  of  us.  The  distance  by  section  lines  was  about  sixty  miles, 
across  the  country,  through  prairie  and  timber,  without  road  or 
track  of  any  kind — no  kind  of  habitation,  not  even  the  humblest 
cabin,  in  the  way.  Wilson  took  the  lead,  as  the  best  woodsman. 
They  continued  to  ride  the  whole  of  a  fine  winter's  day,  without 
seeing  a  man  or  his  abode.  Towards  evening,  the  weather 
changed  ;  it  became  very  cold,  with  the  wind  blowing  in  their 
faces  a  heavy  fall  of  snow. 

"  In  this  predicament,  without  food  or  fire,  there  was  but  one 
alternative  when  night  came  on.  Each  man  seated  himself  on 
his  saddle,  placed  on  the  ground,  with  the  saddle-blanket  over 
his  head  and  shoulders,  holding  by  the  bridles  their  naked  and 
shivering  horses.  It  continued  to  snow  for  hours.  For  a  long 
time  they  sat  in  this  condition,  thinking  they  should  all  freeze 
to  death  before  morning. 

"  They  afterward'  tied  their  horses,  and  spread  a  blanket  on  the 
ground  near  a  fallen  tree^  and  then  squatted  down  close  together 
— Lockwood  in  the  middle — and  thus  they  spent  the  long  and 
dismal  night. 

"'In  the  morning  they  proceeded  as  they  best  could,  and 
before  noon  reached  the  east  bank  of  the  Kaskaskia  river,  then 
booming  full,  at  flood  water.  They  all  had  to  swim  their  horses 
across,  Wilson  again  taking  the  lead.  Dripping  wet,  all  three 
rode  into  Yandalia,  in  the  midst  of  the  frost  and  snow  of  mid- 
winter. Lockwood,  a  confirmed  invalid  of  some  chronic  disease, 
resigned  himself  to  certain  death.  Extraordinary  to  relate,  the 
disease  from  that  time  left  him,  and  he  lived  to  be  a  sound 
and  healthy  man." 

The  election  of  Mr.  Lockwood  to  the  office  of  attorney-general 
would  seem  now  to  be  a  very  insignificant  matter,  but  it  was  not 
so,  in  fact,  and  was  not  so  regarded  at  the  time.  There  were 
then  no  organized  political  parties,  but  the  great  question  of 
slavery  was  the  controlling  influence  in  every  election.  A  large 
majority  of  the  voters  was  from  the  Southern  States,  or  like  the 
old  French  settlers,  in  full  sympathy  with  them,  and  every  state 
officer,  up  to  this  election  of  Mr.  Lockwood,  was,  either  from 
principle  or  policy,  pro-slavery  by  open  avowal  or  example. 


LIFE    IN    ILLINOIS.  37 

This  will  be  more  fully  considered  in  a  chapter  on  the  slavery 
-conflict  in  Illinois. 

One  incident  in  Mr.  Lockwood's  life  as  attorney-general,  is 
worthy  of  special  notice  and  remembrance.  Gov.  Ford  thus 
refers  to  it  in  his  History  of  Illinois :  u  In  1820  was  fought  the 
first  and  last  duel  of  Illinois.  One  of  the  parties  fell  mortally 
wounded ;  the  other  was  tried  and  convicted  of  murder,  and 
suffered  the  extreme  penalty  of  the  law  by  hanging.  Mr.  Lock- 
wood  was  then  the  attorney  of  the  state,  and  prosecuted  in  the 
case.  To  his  talents  and  success  as  a  prosecutor,  the  people  are 
indebted  for  this  early  precedent  and  example,  which  did  more 
than  is  generally  known  to  prevent  the  barbarous  practice  of 
dueling  from  being  introduced  into  the  state." 

In  the  election  of  1822,  Edward  Coles,  a  very  strong  anti 
slavery  man,  was,  very  unexpectedly  to  all,  elected  governor  of 
the  state.  This  was  brought  about  by  a  strange  division  of  the 
opposition,  which  related  simply  to  the  governor,  so  that  all  the 
other  state  officers  elected  were  in  sympathy  with  slavery,  and 
Gov.  Coles  knew  there  would  be  controversy  between  him  and 
other  state  officers  all  through  his  administration.  He  could, 
however,  under  the  Constitution,  as  it  then  was,  appoint  the 
Secretary  of  State,  and  he  selected  Mr.  Lockwood,  knowing  him 
to  be  well  fitted  for  the  place,  and  one  upon  whom  he  could 
rely  in  the  g'vat  conflict,  which  every  one  felt  was  soon  coming 
on.  Mr.  Lockwood  held  this  office  but  a  short  time,  for  reasons 
thus  given  by  himself :  "  Before  removing  to  Yandalia,  where 
my  duties  of  Secretary  of  State  would  require  me  to  reside,  I 
very  unexpectedly  received,  from  President  Monroe,  a  com- 
mission, appointing  me  Receiver  of  public  moneys,  at  the  land 
office  of  Edwardsville.  The  salary  of  Secretary  was  payable  in 
depreciated  paper  money,  the  salary  of  Receiver  was  payable  in 
specie,  and  a  per  cent,  on  receipts.  Specie,  instead  of  depreciated 
paper,  decided  the  question,  and  I  accepted  the  office  of  Receiver 
at  Edwardsville." 

The  full  force  of  this  reason  will  appear,  when  we  remember 
that  the  salary  was  small  in  itself,  and  the  depreciated  currency 
was  worth  only  thirty  cents  on  the  dollar.  But  one  great  reason 
for  accepting  the  office,  Mr.  Lockwood  does  not  give.  He  felt 


f 

38  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

that  the  question — should  Illinois  be  a  slave  or  free  state  ?  was 
soon  to  be  decided. 

As  things  then  stood,  the  probability  was  largely  on  the  side 
of  slavery.  All  the  sympathies  of  his  soul  were  on  the  side  of 
freedom.  The  position  of  Receiver  in  the  land  office  offered 
him  both  time  and  money  to  be  used  in  the  great  cause,  and  he 
consecrated  both  to  the  work. 

The  way  in  which  Mr.  Lockwood  received  his  commission  is 
interesting.  His  predecessorhad  proved  a  defaulter,  and  Presi- 
dent Monroe  sent  for  Judge  Pope,  who  was  then  in  Washington, 
and  lie  gives  this  account  of  the  interview  : 

President  Monroe  seemed  much  excited  over  the  defalcation 
in  Illinois,  and  asked  me  if  the  state  could  furnish  an  honest 
man,  who  could  be  relied  upon  not  to  disgrace  his  administra- 
tion. I  replied,  I  did  know  such  a  man  for  whom  I  could  vouch 
most  confidently,  but  unfortunately  he  did  not  belong  to  our 
party.  To  this  the  President  replied,  "Devil  take  the  party!  I 
want  an  honest  man."  Saving  the  slight  profanity,  a  good  motto 
for  civil  service  reform 

As  the  result  of  this  conversation,  a  commission  came  to  Mr. 
Lockwood. 

The  following  letter  received  by  Mr.  Lockwood  at  this  time 
from  Daniel  P.  Cook,  our  only  representative  in  Congress,  shows 
the  friendship  existing  between  the  two  men,  and  gives  some 
items  of  general  interest : 

WASHINGTON,  D.  C.,  January  31,  1823. 
DEAR  LOCKWOOD  : 

1  see  you  are  Secretary  of  State.  You  are  also  appointed 
Receiver  of  Public  Moneys  at  Edwardsville.  Mr.  Pope's  recom- 
mendation of  you  was  so  strong  and  pressing,  that  when  objec- 
tions were  made,  the  President  said  he  could  not  think  of  any 
appointment  that  would  be  so  acceptable  to  him  as  yours.  I 
need  not  tell  what  my  own  feelings  were.  I  think  you  will 
know  this  without  an  expression,  but  I  wish  you  to  place  the 
appointment  upon  Mr.  Pope's  recommendation.  Should  you 
decline  the  office,  do  not  do  so  until  I  can  be  apprised  of  it. 

There  is  great  working  and  intriguing  here  on  the  subject  of 


LIFE    IN    ILLINOIS.  39 

president  making.     Adams  is  evidently  the  foremost  horse  at 
present,  and  I  think  is  gaining.  Your  friend, 

D.  P.  COOK. 

Some  idea  of  the  esteem  in  which  Mr.  Lockwood  was  held  at 
the  time  is  presented  in  the  following  article,  recently  fur. 
nished  by  the  author  to  the  local  press : 

The  Erie  canal  was  begun  in  1817  and  finished  in  1825,  and 
the  great  interest  felt  in  that  important  work  was  not  confined  to 
New  York.  As  the  work  progressed  the  Eastern  and  Western 
States  seemed  to  realize  that  they  were  brought  closer  together 
and  to  appreciate  the  great  value  of  this  new  water  communica- 
tion to  both  sections.  During  this  period  a  large  number  of 
enterprising  and  influential  men  emigrated  from  New  York  to 
Illinois,  and  brought  with  them  a  good  deal  of  canal  enthusiasm, 
which  very  soon  developed  a  plan  for  connecting  the  northern 
lakes  and  western  rivers  by  a  canal  from  Lake  Michigan  to  the 
Illinois  river.  In  1821  the  legislature  of  Illinois  appointed  canal 
commissioners,  and  made  an  appropriation  of  $10,000  for  surveys 
and  other  preliminary  work.  It  was  not  presumed  that  these 
commissioners  knew  anything  about  the  work  entrusted  to  them, 
or  that  there  would  be  any  immediate  use  for  the  money  appro- 
priated, and  nothing  more  than  preliminary  work  was  under- 
taken until  1836.  The  following  documents  and  correspondence 
relating  to  this  matter  will  interest  your  readers  : 

BOAKD  OF  CANAL  COMMISSIONERS, 

EDWAKDSVILLE,   June  10,  1823. 

At  a  meeting  of  the  board  of  canal  commissioners  it  was  this 

day  ordered  ih&t  Samuel  D.  Lockwood,  Esq.,  be  authorized,  as  the 

agent  of  this  board,  to  enter  into  a  contract  with  an  engineer  to 

explore  and  survey  the  route  of  the  canal  to  connect  the  waters 

of  Lake  Michigan  with  the"  Illinois  river,  to  make  estimates  of 

the  probable  expense,  with  plans  and  maps  thereof,  and  that  this 

board  will  ratify  whatever  engagements  he  may  enter  into  in 

pursuance  of  this  authority. 

I  certify  that  the  above  is  a  true  extract  from  the  minutes. 

W.  H.  HOPKINS,  Secretary. 

In  connection  with  the  above  authority,  is  the  following  letter 
of  instruction : 


40  LIFE  AND  TIMES  OF  HON.  SAMUEL  D.  LOCK  WOOD. 

BOARD  OF  CANAL  COMMISSIONERS, 
EDWARDSVILLE,  June  10,  1823. 
DEAR  SIR  : 

The  Board  of  Commissioners  have  appointed  you  their  agent 
for  the  purpose  of  procuring  an  engineer  of  character  and  skill, 
and  entering  into  a  contract  with  him,  to  survey  and  locate  the 
line  of  the  proposed  canal  to  connect  the  waters  of  Lake  Michi- 
gan with  the  Illinois  river.  You  are  herewith  furnished  with  a 
letter  on  the  subject  to  the  Board  of  Commissioners  of  the  ISTew 
York  canal,  who  will  doubtless  afford  you  every  possible  infor- 
mation to  enable  you  to  make  a  judicious  selection.  You  will, 
also,  call  on  Messrs.  Geddy  &  Wright,  to  whom  the  board  have 
written  some  time  since,  under  the  expectation  that  an  arrange- 
ment might  have  been  made  with  one  of  them.  They  have 
declined,  but  offer  their  friendly  aid  in  prosecuting,  generally, 
the  object  in  contemplation.  You  will  be  guided  in  your  selec- 
tion by  the  joint  information  of  these  gentlemen,  recollecting 
how  important  it  is  that  the  selection  should  be  of  a  character  to 
ensure  the  utmost  confidence  in  the  talents  and  practical  skill  of 
the  person  chosen.  The  great  interests  of  the  state  involved  in 
the  measure,  the  absolute  necessity  for  the  utmost  accuracy  in 
the  proposed  survey,  and  the  consequences  which  would  result 
to  the  state  and  the  character  of  those  immediately  concerned, 
should  it  not  be  prosecuted  with  the  most  peculiar  care  and 
circumspection,  have  doubtless  presented  themselves  to  your 
consideration,  and  will,  we  are  persuaded,  have  their  influence 
on  your  judgment  in  the  choice  you  shall  make,  in  connection 
with  your  own  feelings  on  the  subject.  It  is  desirable  that  the 
engineer  engaged  should  arrive  at  Edwardsville,  in  this  state, 
(the  point  from  which  it  is  \  proposed  to  set  out)  as  early  as  the 
15th  of  September  next,  if  possible,  or  certainly  by  the  25th  of 
the  month,  as  it  is  the  desire  and  intention  of  the  commission  to 
commence  and  complete  the  survey  this  fall  if  possible.  You 
will  impress  on  the  mind  of  the  gentleman  employed  the 
necessity  of  promptness,  and  that  this  season  of  the  year  presents 
the  only  favorable  time  for  the  prosecution  of  the  work.  You 
are  authorized  to  offer  for  this  service  to  the  engineer  a  sum  not 
-exceeding  $10  per  day,  while  actually  engaged  in  the  prosecution 


LIFE    IN    ILLINOIS.  4:1 

of  the  work,  and  $200  for  his  expenses  in  coming  here  and 
returning  to  the  place  of  his  residence ;  but  you  will  be  aware 
at  the  same  time  how  important  it  is  that  one  should  be  had  for 
a  less  sum,  provided  his  talents  are  equal  to  others.  It  is  not, 
however,  the  wish  of  the  board  by  this  suggestion,  to  hazard 
in  the  least  the  object  by  pressing  this  consideration,  and  rather 
than  be  defeated,  you  may  add  $100  more,  and  .it  will  be  under- 
stood that  during  the  prosecution  of  the  work  the  subsistence  and 
necessary  assistance  will  be  furnished  to  him  free  of  charge. 
Believing  that  your  own  good  sense  will,  under  the  advice  of  the 
gentlemen  with  whom  you  will  confer,  enable  you  to  make  a 
proper  selection,  they  entrust  you  with  the  utmost  confidence  in 
the  management  thereof. 

For  your  services  you  wrill  receive  a  reasonable  compensation. 
You  will  apprise  the  board  by  the  earliest  opportunity  of  your 
prospects  in  this  business,  and  in  the  event  of  concluding  an 
arrangement,  forward  duplicate  letters  of  advice  by  mail,  and 
private  conveyance,  if  practicable,  one  directed  to  the  president 
of  the  board  at  Shawneetown,  one  to  Capt.  Alexander,  Golconda, 
Pope  county,  and  one  to  the  other  commissioners  at  Edwards- 
ville.  Yery  respectfully  your  obedient  servants, 

THOS.  THROOP,  President. 

ERASTUS  BROWN. 

EMANUEL  J.  WEST. 

T.  W.  SMITH. 
SAMUEL  D.  LOCKWOOD,  Esq.,  Edwardsville,  111. 

In  pursuance  of  the  above  instructions,  Mr.  Lockwood  for- 
warded a  letter  to  the  canal  commissioners  of  the  State  of  Xew 
York,  and  the  following  is  the  reply  from  the  Hon.  De  Witt 
Clinton,  the  famous  projector  of  the  Erie  canal,  then  in  process 
of  construction,  and  soon  after  completed  : 

ALBANY,  K.  Y.,  July  28,  1823. 
GENTLEMEN  : 

I  had  the  honor  to  receive  by  Samuel  D.  Lockwood,  Esq.,  a 
letter  from  you  addressed  to  the  canal  commissioners  of  this 
state,  requesting  our  aid  to  secure  the  services  of  an  approved 
engineer  to  survey  and  designate  the  route  of  a  canal  to  connect 
Lake  Michigan  and  the  Illinois  river.  Feeling  a  deep  solicitude 


:2  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

for  the  success  of  this  important  undertaking,  it  would  give  me 
great  pleasure  to  comply  with  your  request  were  it  in  my  power, 
but  at  present  and  for  the  remainder  of  the  season  none  of  our 
experienced  and  distinguished  engineers  can  be  spared.  I  feel, 
however,  persuaded  that  I  will  be  able  to  recommend  one  for 
the  ensuing  year,  who  will  answer  your  views  in  all  respects. 
It  will  always  afford  me  high  satisfaction  to  promote  the  noble 
communication  contemplated  to  be  created  by  your  state,  and  I 
trust  that  you  will  not  hesitate  to  call  on  me  without  reserve  for 
any  advice  or  assistance  that  you  may  conceive  useful.  I  am, 
very  respectfully,  Your  most  obedient  servant, 

DE  WITT  CLINTON. 
The  Honorable,  THE  CANAL  COMMISSIONERS  OF  ILLINOIS. 

So  for  the  time  being  no  surveys  were  made.  During  the 
next  succeeding  years  several  attempts  were  made  to  float  the 
bonds  of  the  proposed  canal,  and  from  time  to  time,  the  state 
made  grants  of  lands  and  money  to  further  the  project.  But  the 
year  1836  was  reached  before  actual  work  was  even  commenced, 
and  before  the  canal  was  finished  the  railroad  system  that  has 
since  assumed  such  wonderful  proportions,  had  begun  to  develop, 
and  the  great  canal,  so  philanthropic  a  public  work  in  the  minds 
of  its  projectors,  ranks  to-day  as  a  freight  route  comparatively 
unimportant. 

During  the  years  1823  and  '2<±  occurred  the  great  controversy 
over  the  question  :  Shall  a  Convention  be  called  to  form  a  new 
State  Constitution  ?  It  was  well  understood  that  such  a  con- 
vention would  frame  a  constitution  making  Illinois  a  slave  state. 
This  was  the  most  important  battle  ever  'fought  in  our  state. 
Mr.  Lockwood  entered  into  it  with  his  whole  soul,  and  through- 
out the  contest  was  recognized  as  a  most  active  and  efficient 
leader.  A  full  account  of  the  slavery  conflict  will  be  found  in 
another  chapter. 


CHAPTEK  VI. 

THE  JUDICIARY. 

THE  vote  on  the  convention  question  in  1824  was  conclusive. 
The  victory  for  the  anti-slavery  party  was  decisive.  Beyond 
all  further  controversy,  Illinois  took  her  place  as  one  of  the  free 
states.  The  decision  of  this  question  left  those  who  had  been 
earnestly  engaged  in  it,  free  to  give  their  attention  to  other 
reforms  greatly  needed,  the  most  important  of  which  related  to 
our  judiciary  system.  Reform  here  was  imperative,  both  as  to 
men  and  measures.  The  constitution  of  the  state  provided  that 
the  justices  should  be  appointed  by  the  legislature  and  hold  office 
during  life,  with  this  wise  proviso,  that  the  justices  first  appointed 
should  hold  office  only  five  years.  The  wisdom  of  this  proviso 
is  apparent  from  the  condition  of  the  state  at  the  time  it  formed 
its  constitution.  There  were  no  lawyers  in  the  state  willing  to 
accept  the  position  of  judge  in  the  supreme  court,  who  were 
known  to  be  qualified  for  that  important  trust.  In  the  con\\  ,: 
tion  that  formed  the  constitution  there  were  but  three  lawyers. 
Jesse  B.  Thomas,  E.  K.  Kane  and  A.  F.  Hubbard,  and  all  these 
had  political  aspirations  in  other  directions. 

Mr.  Thomas  was  United  States  judge  for  the  territory  of  Illi- 
nois, and  now  aspired  to  the  position  of  United  States  senator 
from  the  new  state,  in  which  he  was  successful.  Ninian 
Edwards,  governor  of  the  territory  from  its  organization,  and 
well  qualified  to  fill  any  position  the  state  might  assign  him, 
had  the  same  aspiration  as  Judge  Thomas,  and  was  also  suc- 
cessful. 

Nathaniel  Pope,  who  has  already  been  mentioned  several 
times,  was  sure  of  the  appointment  of  United  States  district 
judge,  and  was  not  available  for  any  state  office.  Outside  of  these 
three  men,  at  this  time,  there  were  no  lawyers  of  established 
reputation  within  the  state. 

43 


44  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

The  wisdom  of  the  constitutional  proviso  is  still  more  appar- 
ent, when  we  consider  the  men  appointed  by  the  legislature  as 
justices  of  our  supreme  court.  Of  these,  there  were  to  be  one 
chief  justice  and  three  associate  justices,  and  the  following  were 
appointed  to  office  :  John  Philips,  chief  justice ;  Win.  P.  Foster, 
Thos.  C.  Brown  and  John  Reynolds,  associate  justices. 

Of  Judge  Philips'  qualifications  for  the  office  little  is  now 
known.  He  was  a  man  of  decided  ability  in  some  other  direc- 
tions. He  came  to  the  state  in  the  war  of  1812,  as  captain  in 
the  regular  army,  and  afterward  was  appointed  secretary  of  the 
territory.  Thus  he  was  a  prominent  man  in  the  state  at  the  time 
of  his  appointment  as  chief  justice,  but  he  had  aspirations  in  an- 
other direction,  and  in  July,  1822,  he  resigned,  having  secured 
the  nomination  of  the  pro-slavery  party  as  its  candidate  for  gov- 
ernor. Defeated  in  the  election,  disgusted  with  his  party  friends, 
whose  bad  management  brought  about  that  result,  he  turned  his 
back  upon  the  state  and  removed  to  Tennessee. 

As  to  Judge  Brown,  we  quote  from  "Stuve  and  Davidson ."  : 
"Brown  was  a  large,  somewhat  stately  looking,  affable  man, 
yielding  in  disposition,  with  little  industry  for  study,  and  few  of 
the  higher  qualities  for  a  judge.  He  remained  on  the  bench  till 
the  constitution  of  1848  went  into  effect,  a  period  exceeding 
thirty  years  ; "  and  here  it  may  be  added  that  subsequent  history 
does  not  change  this  record. 

Wm.  P.  Foster — we  can  not  call  him  judge — was  a  miserable 
fraud,  and  his  appointment  is  a  mystery.  He  must  have  had 
some  of  the  winning  manners  of  the  professional  scoundrel.  He 
had  never  studied  law,  nor  had  a  license  to  practice.  By  one 
excuse  after  another  he  avoided  holding  court,  until  he  had  drawn 
his  first  year's  salary,  when  he  resigned  and  left  the  state.  He 
afterwards  proved  to  be  one  of  the  vilest  scoundrels  known  in 
our  history. 

The  appointment  of  John  Reynolds  seemed  like  a  farce.  He 
had  studied  law  but  a  few  months,  and  had  had  no  practice,  and 
was  not  thought  of  for  the  position  until  a  few  hours  before  the 
appointment,  which  was  as  much  a  surprise  to  himself  as  to 
others.  Judge  Reynolds  has  written  a  book  entitled,  "  My  Own 
Life  and  Times,"  of  some  value,  as  it  speaks  of  men  and  things 


THE    JUDICIARY.  45 

as  they  came  within  his  own  observation,  but  of  little  merit  in 
other  respects.  This  book  shows  clearly  that  he  had  no  legal 
qualifications  for  the  judgeship,  nor  personal  dignity  to  adorn  the 
bench,  or  even  save  it  from  contempt. 

This  closes  the  list  of  our  first  judges.  A  little  improvement 
was  made  by  the  appointment  of  Thomas  Reynolds  as  chief  jus- 
tice in  place  of  Judge  Philips,  and  a  very  great  improvement  in 
the  appointment  of  Win.  Wilson  in  the  place  of  Foster.  As 
Judge  Wilson  was  the  life-long  friend  and  associate  of  Mr.  Lock- 
wood,  we  insert  here  the  following  quotation  from  "  Stuve  and 
Davidson  ":  "  Wilson  was  a  young  man,  scarcely  twenty-five  years 
old,  of  spotless  character,  good  education,  (though  not  collegiate) 
and  fair  attainments  as  a  lawyer.  He  was  social  in  his  disposi- 
tion, candid  and  artless  by  nature,  with  a  manner  pleasing  and 
winning.  He  proved  a  sound  judge,  and  presided  with  a  dignity 
which  inspired  the  utmost  respect  in  the  bar  and  attendants." 

To  the  general  assembly  of  1824  was  delegated  the  important 
work  of  reorganizing  the  judiciary  an  pi  the  selection  of  new  jus- 
tices, and  Mr.  Lockwood  was  earnestly  solicited  to  become  a  can- 
didate for  one  of  the  positions.  He  was  himself  constitutionally 
averse  to  any  such  action  and  would  not  consent  to  any  such  use 
of  his  name.  His  friends  were,  however,  persistent,  and  the 
office  was  forced  upon  him. 

The  vote  on  the  convention  question,  though  decisive,  did  not 
bring  peace.  The  bitter  spirit  engendered  by  the  contest  lasted 
for  more  than  one  generation,  and  was  manifest  in  many  state 
elections.  At  the  same  time  this  vote  was  taken,  all  the  state 
officers  were  to  be  elected,  and  each  party  had  its  candidates  in 
the  field,  and  as  the  parties  were  about  equally  divided,  the 
appointment  of  the  justices  caused  a  bitter  controversy. 

We  quote  here  from  some  letters  written  at  the  time,  indicat- 
ing some  of  the  features  of  this  controversy,  and  some  of  the 
reasons  which  were  urged  upon  Mr.  Lockwood,  by  his  friends, 
to  induce  him  to  accept  the  position  to  which  he  was  appointed  : 

VANDALIA,  Dec.  31,  1824. 
SAMUEL  D.  LOCKWOOD,  Esq. : 

DEAR  SIR, — The  judiciary  bill  has  passed  both  houses,  and 
become  a  law,  and  the  election  for  judges,  pursuant  to  the  pro- 


46  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

visions  of  that  law,  came  on  yesterday.  Wm.  Wilson  was  elected 
supreme  judge,  and  yourself,  T.  W.  Smith,  T.  C.  Brown  were 
elected  associate  judges. 

The  blacklegs  with  a  few  traitors  outnumbered  us,  but  upon 
the  whole,  we  think  ourselves  happy  that  we  were  able  to  keep 
out  the  Reynolds,  (Thomas  and  John)  and  James  Turney.  I  have 
not  time  to  detail  particulars,  but  suffice  it  to  say  that  the  struggle 
was  equal,  if  not  superior,  to  anything  of  the  kind  that  ever  took 
place  in  this  government.  The  friends  of  each  of  the  candidates, 
that  is  of  each  party,  were  ardent  in  the  extreme.  Our  eyes  are 
now  turned  to  you  and  Wilson  for  a  reform  in  the  practice.  We 
think  you  will  have  the  aid  of  Brown.  We  pray  you  will  accept 
for  our  sakes ;  do  not  refuse.  The  salaries  are  not  fixed,  but  I 
hope  they  will  not  be  less  than  $1,000. 

Your  Ob't  Serv't,  WM.  OTWELL. 

YANDALIA,  Dec.  30,  1824. 
S.  D.  LOCKWOOD,  Esq.: 

MY  DEAR  SIR, — We,  yesterday,  had  an  election,  as  you  will  see 
by  the  papers.  We  have  elected  you,  and  no  doubt,  placed  you 
in  a  worse  position  for  accumulating  property  than  at  present, 
but  I  hope  you  will  serve.  I  did  not  know  that  you  could  be 
induced  to  do  so,  until  the  evening  before  the  election,  and  I  was 
then  determined  to  run  you  for  chief  justice,  but  others  who  ap- 
peared to  be  your  friends  were  of  the  opinion  we  would  be  more 
certain  to  elect  you  as  an  associate.  I  still  think  they  did  wrong. 
I  would  have  been  better  pleased  to  have  seen  you  chief  justice. 
I  am  satisfied  your  friends  in  our  section  of  the  state,  and  they  are 
many,  are  glad  to  have  you  one  of  the  judges  of  the  supreme  court. 

I  am  not  pleased  with  the  election  of  Brown  ;  I  conceive  he 
has  no  business  there. 

We  will  not  be  able  to  give  high  salaries  now,  but  I  hope  the 
state  will  be,  by  next  session,  in  a  situation  to  increase. 

With  considerations  of  respect  I  am,  dear  sir. 

Your  friend  and  well-wisher,   W.  B.  ARCHER, 

BELLEVILLE,  Jan.  4,  1825. 
SAMUEL  D.  LOCKWOOD,  Esq. 

DEAR  SIR, — I  am  truly  gratified  to  find  that  you  have  been 
elected  a  judge  of  our  court  of  appeals,  but  I  am  also  very 


THE    JUDICIARY.  4:7 

fearful  that  you  will  not  accept.  It  is  true,  you  have  not  that 
station  on  the  bench  to  which  your  reputation  as  a  lawyer  entitles 
you.  But  it  is  in  the  hands  of  a  friend,  who  is  highly  respected, 
both  for  his  integrity  and  good  judgment,  and  I  presume  you 
will  not  decline  accepting  on  that  account.  As  to  the  salary,  if  it 
should  be  fixed  at  $1,000,  I  think  you  ought  not  to  hesitate. 

Money  has  appreciated  greatly  and  will  ultimately  settle  down 
at  the  value  it  had  before  the  French  revolution.  Our  state 
paper  must  rise  rapidly  and  will  soon  disappear  altogether,  as 
Missouri  money  has  done. 

This  is  a  time  when  those  who  can  do  so,  ought  to  feel  disposed 
to  make  some  sacrifice  for  the  public  good.  If  your  acceptance 
would  not  be  too  great  a  one,  you  will  be  entitled  to  the  gratitude 
of  the  state  for  making  it.  Your  friend  truly, 

EDWARDS. 


DR.  LOCKWOOD  :  KASKASKIA,  Jan'y  5,  1825. 

I  have  just  received  a  letter  from  McKee,  who  thinks  it  doubt- 
ful if  you  accept  your  new  appointment.  This  won't  do  —  your 
friends  will  never  forgive  you.  If  the  salary  is  now  put  too  low, 
there  is  no  doubt  of  its  being  raised  at  the  next  session. 

We  desire  you  to  live  here,  and  Mrs.  Pope  has  consented  most 
cheerfully  to  provide  you  with  a  knife  and  fork  at  her  table  — 
this  is  intended  as  a  bribe  to  bring  you  here.  In  this  place  yon 
have  many  friends,  among  whom  you  may  pass  your  time  very 
pleasantly  —  much  more  so  than  you  can  do  at  Edwardsville. 

Your  aft  friend,  JSTATH'L  POPE. 

The  salary  was  fixed  at  $1,000,  payable,  however,  in  depreci- 
ated currency,  which  reduced  it  to  about  $400.  Thus,  Mr.  Lock- 
wood  had  to  decide  between  the  comparatively  lucrative  office  of 
receiver,  with  light  work  and  small  responsibility,  and  the  posi- 
tion of  judge,  with  meagre  salary,  arduous  labors,  and  immense 
responsibility.  The  latter,  however,  offered  an  opportunity  of 
doing  a  great  and  good  work  for  his  adopted  state  in  the  line  of 
his  chosen  profession,  and  this  consideration  decided  the  matter. 
He  accepted  the  office  and  entered  upon  that  work,  the  value  of 
which  to  the  state  can  be  appreciated  only  by  those  who  under- 
stand the  nature  of  it,  and  the  ability  and  fidelity  with  which 
it  was  accomplished. 


CHAPTEE  VII. 

ILLINOIS  CRIMINAL  CODE. 
I 

THE  legislature  of  Illinois,  at  its  session  of  1824-25,  instructed 
the  justices  of  the  supreme  court  to  prepare  a  Revision 
of  the  statutes  of  the  state,  to  be  presented  at  the  next  session. 
Such  a  work  was  imperatively  demanded.  Both  Governors  Bond 
and  Coles  had  in  their  messages  urged  this  matter  at  several  ses- 
sions of  the  legislature,  but  for  some  reason,  the  work  had  been 
neglected,  and  the  crude  attempts  to  amend  existing  statutes  had 
made  the  matter  worse.  This  was  especially  the  case  with  refer- 
ence to  the  criminal  code. 

The  first  legislature  of  the  Northwest  Territory  had  adopted  a 
code  of  laws,  incomplete  and  poorly  arranged  to  start  with,  and 
not  much  improved  by  subsequent  legislatures.  The  Indiana 
Territory  adopted  this  code  as  it  stood  in  1800,  and  with  various 
additions  and  amendments  bequeathed  it  to  the  Territory  of  Illi- 
nois in  1809.  The  legislature  of  this  territory  made  several 
attempts  at  revision  without  any  substantial  improvement,  and 
when  the  state,^at  its  organization,  adopted  this  patched-up  code, 
it  was,  as  Governor  Ford  expresses  it,  so  crude  and  contradictory 
that  no  one  could  tell  what  it  did  mean,  or  did  not  mean.  The 
penalties  under  the  criminal  code  were  retained  with  all  their 
cruelty  and  barbarity.  ,  There  was  no  state  prison,  and  the 
county  jails  were  log  pens,  more  fit  for  wild  beasts  than  human 
beings,  and  so  from  necessity  the  penalties  for  violation  of  the 
law  were  such  as  could  be  inflicted  without  delay,  such  as  whip- 
ping, branding,  the  pillory,  fines  and  death.  In  some  cases, 
where  the  fine  could  not  be  collected,  the  culprit  might  be  sold 
till  he  had  worked  out  his  fine.  Death  was  the  penalty  for 
murder,  rape  and  second  offense  of  horse  Btea-liiig.  Whipping 
was  the  most  common  penalty,  and  in  the  number  of  lashes 
inflicted  there  was  much  more  regard  to  popular  feeling  than  to 

48 


ILLINOIS    CRIMINAL    CODE.  4:9 

/ 

justice.  For  burglary,  or^  robbery,  the  penalty  was  thirty-nine 
stripes  on  the  bare  back  ;  horse  stealing,  from  fifty  to  one  hundred 
lashes  for  first  offense ;  hog  stealing,  from  twenty-five  to  thirty- 
nine  lashes  ;  for  defacing  marks  or  brands  on  animals  at  large, 
forty  lashes  weU  laid  on,  and  for  second  offense  the  culprit  was 
to  have  letter  T  branded  in  the  left  hand  with  a  red-hot  iron  ; 
and  for  bigamy  from  one  hundred  to  three  hundred  stripes. 

The  judges  realized  the  importance  and  necessity  of  a  revision 
of  the  laws,  and  at  once  entered  upon  the  work,  assigning  most 
of  it  to  Justices  Lockwood  and  Smith.  Judge  Smith  was  absent 
from  the  state  for  several  months,  which  threw  an  undue  share 
of  the  work  upon  Judge  Lockwood.  The  revision  of  the  crim- 
inal code  was  entirely  -his  work.  It  can  hardly  be  called  a  revi- 
sion^ as  the  old  statutes  of  the  state  were  largely  ignored,  and  the 
work  to  a  considerable  extent  was  necessarily  original  as  to  forms 
of  expression,  arrangement,  and  relation  of  penalties  to  crimes. 

The  following  quotations  indicate  something  of  the  difficulties 
of  this  work,  and  its  value  to  the  state.  Mr.  Eugene  L.  Gross, 
in  the  preface  to  his  "  Digest  of  the  Criminal  Laws  of  Illinois," 
published  in  1868,  says  :  "  Previous  to  1827  the  statutes  were  few 
and  imperfect.  They  had  little  of  the  harmony,  and  none  of  the 
regularity,  of  a  rounded  and  completed  system.  They  were  passed 
at  different  times  and  for  different  purposes,  and  were  framed  to 
suit  the  needs  of  pioneer  life.  But  at  the  session  of  that  yearr 
the  legislature  revised  the  entire  body  of  the  statutes ;  the  crim- 
inal code  was  prepared  with  especial  care,  and  was  expressed  in 
language  at  once  full,  clear  and  exact.  It  was  the  work  of  Judge 
Lockwood,  and  considering  all  the.  circumstances  in  which  he 
was  then  placed,'  there  being  no  libraries  in  the  state,  and  no  law 
books  to  which  he  had  access,  except  a  volume  of  the  laws  of 
New  York  passed  in  1802,  and  a  volume  of  the  laws  of  Georgia,. 
this  work  of  Judge  Lockwood  is  an  enduring  witness  to  his  clear 
intellect,  and  to  his  thorough  culture  as  a  lawyer.  It  is  not  an 
attempt  to  create  a  substitute  for  the  common  law,  but  is  rather 
an  embodiment  of  it,  with  merely  such  modifications  as  were 
required  to  suit  it  to  the  wants  of  this  people,  and  adapt  it  to 
society  here  in  its  new  and  varying  forms.  As  such  it  has  long 
been  a  theme  of  admiration  in  the  state  and  elsewhere." 


50  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

The  following  statement  made  by  Justice  Craig  at  the  laying 
of  the  corner-stone  of  the  court  house  of  Knox  county  on  June 
24,  1885,  indicates  how  well  this  work  of  Judge  Lockwood  has 
stood  the  test  of  time  :  "Our  criminal  code,  with  but  few  amend- 
ments, has  been  in  existence  since  the  revision  of  our  laws  in 
1825.  It  was  drafted,  as  I  have  been  informed,  by  Judge  Lock- 
wood,  one  of  the  ablest  judges  our  state  ever  produced.  We 
had  a  constitutional  convention  in  1847,  and  again  in  .1870,  to 
form  an  organic  law  for  the  state.  Each  of  those  bodies  prepared 
a  constitution  which  was  adopted  by  the  people.  Again,  since 
1870,  the  legislature  has  revised  our  statutes,  but  while  the  stat- 
ute on  various  subjects  was  changed,  the  criminal  code  was  found 
to  need  but  few  amendments,  and  hence  was  left  substantially  as 
originally  prepared  in  1825." 

The  article  in  this  code,  with  reference  to  "  Accessories  to 
'Crime,"  is  here  worthy  of  notice,  as  under  it  the  Chicago  anar- 
chists have  recently  been  tried  and  convicted  of  murder.  It 
reads  as  follows :  "  An  accessory,  is  he,  or  she,  who  stands  by 
and  aids,  abets  or  assists ;  or  who,  not  being  present  aiding,  abet- 
ting or  assisting,  HATH  ADVISED  AND  ENCOURAGED^  the  perpetra- 
tion of  the  crimed  He,  or  she,  ,who  thus  aids,  abets  or  assists, 
advises  or  encourages,  shall  be  deemed  and  considered  as  prin- 
cipal, and  punished  accordingly." 


CHAPTER  YIIL 

DECISIONS    OF    THE    SUPREME    COURT. 

THE  very  important  place  held  by  Judge  Lockwood  on  tlie 
supreme  bench,  and  the  large  amount  of  work  accom- 
plished by  him,  can  be  appreciated  only  by  those  who  are 
familiar  with  the  decisions  of  that  court.  A  brief  review  of  the 
first  volume  of  Illinois  Reports  is  here  given,  as  indicating  some- 
thingjof  his  work.  This  is  a  small  octavo  volume  of  306  pages, 
covering  the  period  from  1819  to  1830,  Judge  Sidney  Breese, 
reporter.  For  the  first  five  years  of  this  period  the  decisions  of 
the  court  are  of  no  value.  Six  terms  of  the  court  were  held,  but 
no  matter  of  any  importance  came  up  for  consideration.  Forty- 
five  cases  came  before  the  court  by  appeal,  and  the  opinions  of 
the  court  in  all  these  cases  cover  only  fifty-two  pages  of  the 
Reports. 

We  have  seen  how  the  court  was  constituted  during  that 
period,  and  the  decisions  have  probably  never  been  quoted  as 
authoritative.  The  Reports  from  1825  to  1830  show  a  very 
different  order  of  things.  The  court  realiz-ed  the  responsibility 
resting  upon  it.  Holding  its  sessions  amid  very  rude  frontier 
surroundings,  it  established  and  maintained  stringent  rules  of 
practice,  and  preserved  a  decorum  and  dignity  creditable  alike 
to  the  court  and  state.  Its  decisions  covered  important  ques- 
tions of  law  and  practice  not  reversed  by  subsequent  courts. 
How  large  a  part  of  this  work  devolved  upon  Judge  Lockwood, 
the  following  figures  indicate :  In  the  two  terms  of  the  court 
held  in  1825,  twenty-three  cases  were  decided,  and  in  thirteen  of 
them  Judge  Lockwood  rendered  the  opinion;  In  1826  twenty- 
seven  cases  were  considered,  and  the  opinion  of  the  court  in 
thirteen  of  them  was  rendered  by  Judge  Lockwood.  In  two 
succeeding  terms,  in  eighteen  cases  out  of  twenty- nine,  the 
opinion  of  the  court  was  written  out  by  Judge  Lockwood,  and 

51 


52  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

to  this  it  may  be  added  that  in  almost  every  important  case  the 
labor  of  writing  out  the  opinion  of  the  court  was  assigned  to 
him.  The  following  extracts  from  some  of  these  opinions  are 
interesting  historically,  and  show  something  of  Judge  Lock- 
wood's  style  of  thought  and  expression. 

The  first  case  of  any  importance,  that  came  up  for  adjudica- 
tion, had  in  it  a  political  bearing,  and  was  the  occasion  of  much 
party  feeling,  and  may  be  regarded  as  the  commencement  of 
a  conflict  between  the  legislature  and  the  supreme  court,  which 
lasted  till  the  Constitution  of  1848  radically  changed  our  whole 
judiciary  system.  It  is  very  difficult  to  find  names  to  designate 
the  political  parties  at  this  time.  The  old  issues  incidental  to  the 
organization  of  the  National  government  had  largely  died  out, 
and  the  old  party  names,  Federal,  Republican  and  Democratic, 
had,  as  to  their  original  use,  become  obsolete.  But  the  old  parties 
had  not  died  out,  and  were  now  reorganizing  on  new  measures, 
and  around  new  men,  and  were  soon  to  accept  the  new  names, 
Democrat  and  Whig;  and  by  anticipation  we  may,  for  con- 
venience, use  these  names  here.  In  the  gubernatorial  election  of 
1822,  the  Democratic  party  nominated  Chief  Justice  Joseph 
Philips  for  governor,  and  Adolphus  F.  Hubbard,  lieutenant- 
governor.  As  this  party  had  a  large  majority  in  the  state,  and 
was  confident  of  success,  it  seemed  hardly  worth  while  for  the 
other  party  to  make  any  opposition.  But  better  counsel  pre- 
vailed, and  the  minority  party  brought  out  its  best  man,  Edward 
Coles,  for  governor,  determined  to  make  the  best  fight  possible. 
The  result  of  the  election  was  an  entire  surprise  to  both  parties. 

The  friends  of  Mr.  Philips  were  ^very  wrathful  over  their 
defeat  and  claimed  they  were  cheated.  Judge  Philips  himself 
left  the  state  in  disgust,  not  to  return.  This  wholly  unlooked-for 
election  of  Governor  Coles  was  a  great  blessing  for  the  state,  but 
placed  him  in  a  very  uncomfortable  position.  Both  branches  of 
the  legislature  were  opposed  to  him  by  a  large  majority. 
Attempts  were  made  to  worry  him  into  a  resignation.  Mobs 
were  stirred  up  against  him  with  threats  of  personal  violence. 
Malicious  prosecutions  were  commenced  against  him  in  the  lower 
courts,  and  heavy  fines  imposed,  and  finally  a  bold  attempt  was 
made  to  oust  him  from  the  office  of  governor  under  the  provision 


DECISIONS  OF  THE  SUPREME  COURT.  53 

•of  the  constitution  relating^  to  the  lieutenant  governor,  namely  : 
"In  case  of  impeachment  of  the  governor,  his  removal  from 
office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the 
state,  the  lieutenant  governor  shall  exercise  all  the  power  and 
authority  appertaining  to  the  office  of  governor,  until  the  time 
pointed  out  by  the  constitution  for  the  election  of  a  governor 
shall  arrive  ;  unless  the  general  assembly  shall  otherwise  provide 
by  law  for  the  election  of  a  governor  to  fill  such  vacancy." 
Under  this  provision  and  during  a  temporary  absence  of  Gov- 
ernor Coles  from  the  state,  Governor  Hubbard  assumed  that  he 
was,  de  jure  and  de  facto,  governor  for  the  remainder  of  Gov- 
ernor Coles's  term.  He  issued  a  call  for  an  extra  session  of  the 
general  assembly,  and  after  Governor  Coles's  return  he  claimed 
to  hold  the  office,  and  issued  a  commission  to  W.  L.  D.  Ewing  as 
paymaster  general  of  the  state  militia,  which  was  presented  to 
the  secretary  of  state,  George  Forquer,  for  his  signature,  who 
refused  to  sign  and  affix  the  official  seal  thereto.  Ewing  applied 
to  the  supreme  court  for  a  rule  on  the  secretary  to  show  cause 
why  a  mandamus  should  not  be  awarded  requiring  him,  Forquer, 
to  countersign  and  affix  the  seal  of  the  state  to  his,  E wing's, 
commission,  issued  and  signed  by  Adolphus  F.  Hubbard,  gov- 
ernor of  Illinois.  The  rule  being  granted,  the  secretary  answered, 
stating  the  facts,  whereby  this  important  constitutional  question 
was  sprung  upon  the  supreme  court  under  circumstances  which 
gave  little  time  for  deliberation  or  consultation  of  authorities. 
We  quote  the  following  from  Breese's  Report,  giving  it  in  full, 
as  indicating  something  of  Judge  Lockwood's  clearness  of  state- 
ment and  force  of  expression,  calling  attention  especially  to  these 
words  which  may  be  said  to  characterize  all  his  decisions,  "  com- 
mon justice,  common  law  and  common  sense." 

THE  PEOPLE  ON  THE  RELATION  OF  WM.  L.  D.  EWING,  AGAINST 

GEORGE  FORQUER,  SECRETARY  OF  STATE. 
On  a  motion  for  a  Mandamus.     Opinion  of  the  Court, ~by 
Justice  Lockwood. 

A  rule  was  granted  by  this  court  requiring  the  secretary  of 
state  to  show  cause  why  a  mandamus  should  not  be  awarded 
against  him,  requiring  him  to  countersign  and  seal  a  commission 
appointing  Win.  L.  D.  Ewing,  paymaster  general  of  this  state. 


54  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

This  rule  was  granted  on  an  affidavit  made  by  Adolplius  F. 
Hubbard,  which  affidavit  states  in  substance,  that  said  Hubbard 
received  a  letter  from  Edward  Coles,  then  being  governor  of 
this  state,  that  he  intended  being  absent  from  the  state,  for  a 
period  of  time,  and  that  in  consequence  of  such  absence,  the 
duties  of  governor  would  devolve  on  the  said  Hubbard,  he  being 
the  lieutenant  governor  of  the  state.  The  affidavit  further 
states,  that  Coles  absented  himself  from  the  state,  and  that  he, 
the  lieutenant  governor,  entered  upon  the  duties  of  the  office  of 
governor.  The  affidavit  further  says,  that  on  the  second  day 
of  November,  1825,  he,  the  said  Hubbard,  did  appoint  the  said 
Ewing  paymaster  general,  said  office  being  then  vacant,  by 
filling  up,  and  subscribing  his  name  to  a  commission  for  that 
purpose.  That  on  the  said  2d  November,  said  Hubbard,  still 
being  the  acting  governor,  did  in  the  office  of  secretary  of  state, 
present  to  the  said  Forquer,  he  being  secretary  of  state,  said 
commission,  and  requested  him  to  countersign  and  affix  the  seal 
of  the  state  to  the  same,  which  the  said  secretary  of  state  failed 
and  refused  to  do.  The  letter  referred  to  in  the  affidavit,  and 
a  commission  appointing  said  Ewing  paymaster  general  until 
the  end  of  the  next  session  of  the  general  assembly,  were  annexed 
to  the  affidavit. 

To  the  rule  granted,  as  above  mentioned,  the  secretary  showed 
for  a  cause  why  a  mandamus  ought  not  to  be  awarded  against 
him,  the  following  reasons,  to  wit :  Because  Edward  Coles  was, 
on  the  day  of  presenting  said  commission,  and  had  been  from 
the  31st  October,  1825,  and  has  ever  since  remained  in  the  admin- 
istration of  the  office  of  the  governor  of  the  state  of  Illinois.  He 
states  as  a  further  reason  why  the  mandamus  should  not .  be 
awarded,  "  that  it  does  not  appear  from  the  records  of  his  office, 
that  said  office  of  paymaster  had  ever  been  filled  by  any  previous 
appointment."  The  secretary  then  admits  that  the  lieutenant 
governor  entered  on  the  discharge  of  the  duties  of  the  office  of 
governor,  and  continued  in  the  discharge  thereof,  until  the  31st  of 
October,  1825,  on  which  day  he  alleges,  "  that  said  Edward  Coles 
re-entered  upon  the  discharge  of  the  duties  of  said  office  of  gov- 
ernor, and  has  remained  therein  ever  since."  Upon  the  affidavit, 
and  accompanying  documents,  and  the  reasons,  in  writing  as 


DECISIONS    OF    THE    SUPREME    COURT.  55 

above  given  by  the  secretary  of  state,  it  has  been  contended  by  the 
counsel  for  the  relator,  that  a  mandamus  ought  to  be  granted. 
The  facts  stated  by  the  secretary  were  not  disputed,  but  con- 
ceded to  be  true. 

The  questions  supposed  to  grow  out  of  this  application  have 
been  elaborately  argued,  and  the  discussion  has  occupied  several 
days,  yet,  it  is  expected,  that  this  court  will,  in  less  time  than 
was  employed  in  the  argument  of  the  case,  make  up  and  deliver 
an  opinion,  which  in  its  consequences  may  determine  the  ques- 
tion, whether  Edward  Coles  or  A.  F.  Hubbard  is,  according  to 
the  constitution,  governor  of  this  state.  A  question  of  such 
immense  importance,  whether  we  regard  the  interest  and  dignity 
of  the  persons  interested  in  the  result,  or  the  right  of  the  people 
to  have  the  government  administered  by  the  person  to  whom 
they  have  delegated  so  important  a  trust,  would  seem  to  require 
that  the  court  ought  to  have  more  time  for  deliberation  and 
examination  than  the  remainder  of  the  present  term.  As, 
however,  a  decision  has  been  anxiously  pressed  upon  the 
court,  they  have  determined  to  give  to  the  subject  all  the 
investigation,  whicli  the  shortness  of  the  time,  and  the  almost 
total  absence  of  law  books,  and  other  sources  of  information 
will  permit.  If  the  court,  laboring  under  such  disadvantages, 
together  with  the  unprecedented  nature  and  novelty  of  the 
case,  should  err  in  the  conclusion  to  which  they  shall  arrive, 
they  have  no  doubt,  that  the  error  will  meet,  in  the  bosoms 
of  the  intelligent  and  honest,  with  a  ready  and  satisfactory 
apology.  In  the  great  case  of  Marbury  and  Madison,  sec- 
retary of  state  for  the  United  States,  in  the  supreme  court  of 
the  United  States,  (a  tribunal  filled  with  as  enlightened  and  as 
able  jurists  as  ever  graced  the  judgment  seat  in  this  or  any  other 
nation,)  the  questions  which,  in  some  respects  are  similar  to 
those  in  this  case,  were  pending  before  that  court  for  two 
years.  Yet,  the  opinion  delivered  in  that  case,  although 
conspicuous  for  its  luminous  display  of  deep  research,  and 
constitutional  learning,  has  not  given  universal  satisfaction. 
Can  it  then  be  reasonably  expected,  that  this  court,  with- 
out any  pretension  to  the  great  and  distinguished  talents  of 
the  judges  of  that  court,  and  destitute  of  even  the  ordinary 


56  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

means  of  forming  an  opinion,  will  be  able  to  arrive  at  a 
determination,  that  will  be  universally  satisfactory?  But  to 
«come  to  the  case  before  the  court.  It  was  contended  on  the 
argument,  that  Governor  Coles,  by  absenting  himself  from  this 
state,  had  abdicated  and  forfeited  the  office  of  governor,  and 
could  not,  on  his  return  into  the  state,  resume  its  functions.  But 
before  the  court  can  enter  into  this  question,  it  will  be  necessary 
for  them  to  inquire,  1.  Whether  the  relator  has  a  right  to  have 
the  commission  countersigned  and  sealed  ?  And  2.  If  he  has 
such  right,  do  the  laws  of  this  state,  afford  him  the  remedy  he 
asks?  It  appears  from  the  answer  filed  by  the  secretary  of 
state,  that  the  office  of  paymaster  general  had  never  been  filled. 
This  office  was  created  by  the  4th  section  of  the  act  passed  8th 
of  February,  1821,  amending  the  militia  act.  A  question  of 
much  importance  here  arises,  whether  the  incumbent  in  the 
office  of  governor,  can  make  an  appointment  in  the  recess  of  the 
general  assembly,  when  the  vacancy  did  not  occur  since  the 
adjournment  of  that  body  ?  The  answer  to  this  question  is  only 
to  be  found  in  the  true  construction  of  the  8th  section  of  the 
4th  article  of  our  constitution,  which  reads  as  follows:  "When 
any  officer,  the  right  of  whose  appointment  is,  by  this  constitu- 
tion, vested  in  the  general  assembly,  or  in  the  governor  and 
senate,  shall,  during  the  recess,  die,  or  his  office  by  any  means 
become  vacant,  the  governor  shall  have  power  to  fill  that 
vacancy,  by  granting  a  commission  which  shall  expire  at  the  end 
of  the  next  general  assembly."  If  any  doubt  existed  as  to  the 
meaning  of  this  section,  reference  might  be  had  to  the  practice 
of  the  government.  Had  such  practice  been  acquiesced  in?  Only 
one  case,  however,  is  within  the  knowledge  of  the  court,  and  in 
that  case,  the  governor  determined  that  he  had  not  the  power  to 
make  the  appointment,  although  it  was  a  case  that  loudly  called 
for  its  exercise,  if  the  power  existed.  This  solitary  precedent, 
however,  can  not  be  considered  as  settling  the  question.  The 
words,  however,  of  this  section  appear  so  clear,  and  so  devoid 
of  ambiguify,  that  it  seems  a  useless  waste  of  time  to  look 
further  than  to  the  clause  itself,  for  its  true  meaning.  It 
only  authorizes  the  governor  to  fill  the  vacancy  when  it  shall 
occur  during  the  recess  of  the  general  assembly,  whether  that 


DECISIONS    OF    THE    SUPREME    COURT.  57 

vacancy  be  occasioned  by  -death,  or  any  other  means.  The 
vacancy  must  happen  during  the  recess.  Can  it  then  for  a 
moment  be  pretended,  that  the  contingency  had  happened, which 
authorized  the  appointment  of  the  relator?  It  appears  to  me, 
that  it  would  require  a  total  perversion  of  the  language  used,  to 
contend  that  it  had.  But  as  this  question  is  one  of  vital  import- 
ance to  the  correct  and  wholesome  administration  of  this  govern- 
ment, I  have  examined  the  constitution  of  the  United  States, 
and  the  construction  that  has  prevailed  on  this  subject.  By  the 
2d  section  of  the  2d  article,  uThe  president  shall  have  power 
to  fill  up  all  vacancies  that  may  happen  during  the  recess  of  the 
senate,  by  granting  commissions,  which  shall  expire  at  the  end  of 
their  next  session."  In  an  able  work  recently  published  on  con- 
stitutional law,  I  find  the  construction  which  has  been  given  to 
this  clause  of  the  constitution  of  the  United  States,  which  so 
strikingly  resemble  our  own,  that  I  trust  I  shall  be  excused  for 
making  a  long  extract  from  the  work.  In  pages  373-4  of 
Sargeant's  Constitutional  Law,  the  subject  is  noticed  as  follows : 
"  In  the  year  1814  President  Madison  granted  commissions  to 
ministers  to  negotiate'  the  treaty  of  Ghent  in  the  recess  of  the 
senate.  The  principle  acted  on  in  this  case,  however,  was  not 
acquiesced  in,  but  protested  against  by  the  senate  at  their  suc- 
ceeding session,  and  on  a  subsequent  occasion,  April  20,  1822, 
during  the  pendency  of  the  bill  for  an  appropriation  to  defray 
the  expenses  of  missions  to  the  South  American  States,  it  seemed 
to  be  distinctly  understood  to  be  the  sense  of  the  senate,  that 
it  is  only  in  offices  that  become  vacant  during  the  recess,  that 
the  President  is  authorized  to  exercise  the  right  of  appointing  to 
office,  and  that  in  original  vacancies,  where  there  has  not  been 
an  incumbent  of  the  office,  such  a  power,  under  the  constitution, 
does  not  attach  to  the  executive.  An  amendment  that  had  been 
proposed,  providing  that  the  President  should  not  appoint  any 
minister  to  the  South  American  states,  but  with  the  advice  and 
consent  of  the  senate  was,  therefore,  withdrawn  as  unnecessary. 
And  in  a  report  of  a  committee  of  the  senate  made  on  the  25th 
of  April,  1822,  it  is  declared  that  the  words,  '  all  vacancies  that 
may  happen  during  the  recess  of  the  senate,'  means  vacancies 
occurring  from  death,  resignation,  promotion  or  removal.  The 


58  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

word  'happen,'  has  reference  to  some  casualty  not  provided  for 
by  law.  If  the  senate  be  in  session,  when  offices  are  created  by 
law,  which  were  not  before  filled,  and  nominations  be  not  then 
made  to  them  by  the  President,  the  President  can  not  appoint 
after  the  adjournment  of  the  senate,  because  in  such  case  the 
vacancy  does  not  happen  during  the  recess.  In  many  instances 
where  offices  are  created  by  law,  special  power  is  given  to  the 
President  to  fill  them  in  the  recess  of  the  senate,  and  in  no 
instance  has  the  President  filled  such  vacancies  without  special 
authority  by  law." 

Here,  then,  we  find  a  practical  exposition  of  the  Constitution 
of  the  United  States  adhered  to  for  a  series  of  years,  and  the 
concluding  fact  stated  in  the  extract,  speaks  much  on  this  sub- 
ject. There  can  be  but  little  doubt,  that  since  the  organization 
of  the  general  government,  many  cases  must  have  arisen  where 
the  public  interests  would  have  been  promoted  by  the  exercise 
of  this  power  ;  yet,  the  President  has  carefully  abstained  from 
stretching  his  authority,  even  for  useful  purposes,  to  cases  not 
authorized  by  the  constitution.  In  the  appointment  of  the 
relator,  it  can  not  even  be  pretended  that  any  state  necessity 
existed  for  filling  the  vacancy.  The  office  had  been  vacant  since 
1821 ;  and  yet,  I  am  not  aware  that  any  complaint  has  ever  been 
made.  I,  therefore,  come  to  the  conclusion  that  the  lieutenant- 
governor,  admitting  him  fully  clothed  with  all  the  functions  of 
governor,  had  not  the  constitutional  power  to  fill  the  vacancy  in 
the  office  of  paymaster-general.  This  conclusion  would  seem  to 
settle  the  question  whether  the  mandamus  ought  to  be  awarded 
or  not.  But  the  counsel  for  the  relator  contended  on  the  argu- 
ment that  whether  the  .lieutenant-govern  or  had  the  constitutional 
right  or  not,  to  make  the  appointment,  still  the  secretary  was 
compelled  to  countersign  the  commission  and  affix  the  seal. 
Can  this  proposition  be  sustained  ?  By  the  4th  section  of  the 
Act  defining  the  duties  of  the  secretary  of  state,  it  is  enacted, 
"  That  all  commissions  required  by  law  to  be  issued  by  the 
governor,  shall  be  countersigned  by  the  secretary  of  state."  In 
this  section  is  to  be  found  the  duties  of  the  secretary.  Had  the 
legislature  intended  to  require  the  secretary  to  countersign 
every  commission  the  governor  should  present  to  him,  whether 


DECISIONS    OF    THE    SUPREME    COURT.  59 

authorized  by  the  law  or  the  constitution,  its  phraseology  would 
have  been  that  the  secretary  should  countersign  every  commission 
presented  to  him  by  the  governor.  The  secretary  is,  however, 
only  required  to  countersign  those  commissions  "  required  to  be 
issued  by  law."  Must  he  not,  then,  look  into  the  law  to  see  if  the 
commission  is  required  by  law  ?  Would  he  be  required  to  sign 
a  commission  for  an  office  that  does  not  exist  ? 

The  secretary  of  state  is  a  constitutional  officer,  as  well  as  the 
governor,  and  his  duties  are  pointed  out  by  law.  I  think  he 
may  refuse  to  sanction  an  unconstitutional  or  illegal  act.  Should 
I,  however,  be  wrong  in  this  opinion,  still  the  court  might  well 
doubt  the  propriety  of  granting  a  mandamus.  If  the  lieutenant- 
governor  had  not  the  power  to  make  the  appointment,  what 
benefit  would  the  relator  derive  from  possessing  the  commission, 
although  duly  signed  and  sealed  ?  Would  it  confer  the  office  on 
him  ?  I  think  not.  But  if  any  doubt  rests  on  this  subject,  the 
court  ought  not  to  grant  the  mandamus.  I  refer  to  the  follow- 
ing authorities  on  the  subject:  "'The  court  will  not  grant  a 
mandamus  to  a  person  to  do  any  act,  whatever,  where  it  is 
doubtful  whether  he  has  by  law  a  right  to  do  such  act  or  not,  for 
such  would  be  to  render  the  process  of  the  court  nugatory,  as  if 
the  person  had  no  rights,  he  might  so  return  it."  Esp.  N.  P. 
page  665.  "  The  court  will  not  grant  a  mandamus  to  a  person 
commanding  him  to  do  anything  which  he  is  not  under  a  legal 
necessity  of  doing;  that  is,  if  the  law  has  left  a  discretion  in 
him,  the  court  will  not  control  it."  IMd,  668. 

But  another,  and  still  more  important  question  arises,  from 
the  reasons  shown  by  the  secretary,  why  the  mandamus  should 
not  be  granted.  He  informs  the  court,  that  on  the  day  of  pre- 
senting the  commission,  and  before  and  ever  since,  Edward  Coles 
is,  and  has  been,  in  the  administration  of  the  office  of  governor 
of  this  state,  and  contends  that  he  has  no  right  to  recognize  any 
other  person  as  governor.  On  the  other  hand,  the  counsel  for 
the  relator  contended  that  Edward  Coles  having  absented  him- 
self from  the  state,  had  no  right  to  resume  the  functions  of  the 
office,  and  that  he  was  to  be  regarded  as  an  usurper. 

Here,  then,  is  distinctly  presented  to  the  court  the  question 
whether  Edward  Coles,  or  A.  F.  Hubbard,  has  the  right  to 
administer  the  government. 


60  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

It  was  conceded  on  the  argument,  and  such  no  doubt  would 
be  the  effect,  if  the  mandqmus  should  be  granted,  that  Coles 
would  be  completely  stripped  of  the  executive  functions.  For 
if  a  mandamus  can  be  awarded  in  this  case,  it  could  to  every 
officer  of  the  government  who  should  refuse  to  recognize  Hub- 
bard  as  governor ;  and  Coles,  without  being  before  the  court,  or 
entitled  to  be  heard  on  the  subject,  would  be  deposed  from  the 
highest  station  in  the  government — a  station,  too,  conferred  on 
him  by  the  suffrages  of  the  people.  Does  not  the  mere  statement 
of  the  consequences,  that  will  flow  from  such  a  decision,  im- 
periously call  on  the  mind  to  reflect,  to  ponder  well  the  subject, 
before  so  great  and  decisive  a  measure  is  resorted  to  ?  Nay,  does 
not  the  bare  statement  of  the  consequences,  that  will  result  to  a 
person  not  before  the  court,  admonish  them  that  they  have  no 
power  to  award  the  mandamus  f  It  was  urged  by  the  counsel  for 
the  relator,  that  the  secretary  had  boldly  marched  up  to  the  real 
question,  to  wit :  Who  is  the  governor  by  the  constitution  ?  and 
it  was  intimated,  that  it  was  also  the  duty  of  the  court  to  decide 
this  question.  It  is  a  sufficient  answer  to  this  intimation,  that 
the  secretary  can  not,  by  his  own  act,  bring  into  discussion  the 
rights  of  others,  unless  they  necessarily  arise  in  the  case.  His 
consent  can  not  give  this  court  any  right  to  decide  questions  im- 
properly before  them.  When  such  a  question  comes  directly 
and  properly  before  them,  it  is  to  be  presumed  they  will  not 
shrink  from  the  performance  of  their  duty,  let  the  consequences 
be  what  they  may.  But  does  this  question,  Who  is  the  consti- 
tutional governor  ?  necessarily  arise.  It  is  a  principle  of  common 
justice,  common  law,  and  common  sense,  that  no  person  shall  be 
condemned  without  being  heard.  That  no  person  can  be  de- 
prived, by  courts  of  justice,  of  even  a  dollar's  worth  of  property, 
without  first  having  been  summoned  to  shew  cause  against  it. 
It  must  be  kept  in  mind,  that  when  this  court  is  called  upon  to 
decide  who  is  governor,  that  the  question  is  no  longer  between 
the  relator  and  secretary  of  state,  but  between  Hubbard  and 
Coles,  neither  of  whom  are  strictly  parties  to  this  controversy ; 
consequently  neither  of  them  ought  to  be  affected  by  the  decision 
in  this  case.  In  this  point  of  view,  the  remedy  sought  in  this 
case,  is  entirely  misconceived.  Hubbard  should  have  filed  an 


DECISIONS    OF    THE    SUPREME    COURT.  61 

information  in  nature  of  a  quo  warranto  against  Coles,  then  the 
question  would  come  up  directly,  and  not  collaterally,  before  the 
court,  and  the  controversy  might  be  tried  by  a  jury,  should  there 
be  an  issue  of  fact.  "Whether  an  information  in  nature  of  a 
quo  warranto,  would  lie,  to  try  such  a  question,  the  court  are  not 
now  called  upon  to  decide.  One  of  the  counsel  for  the  relator 
very  emphatically  calls  this  a  political  question.  If  the  counsel 
was  right,  the  legislature  would  seem  to  be  the  proper  forum  for 
its  discussion.  But  when  the  question  arises  in  this  court,  it  will 
be  time  enough  to  decide  it.  "  Sufficient  unto  the  day  is  the  evil 
thereof."  I  am,  however,  of  the  opinion,  if  Hubbard  has  any 
legal  remedy  to  try  his  right  to  fill  the  executive  chair,  that  it  is 
only  by  an  information  in  the  nature  of  a  quo  warranto.  On 
this  subject  the  court  are,  fortunately,  not  entirely  without  the 
aid  of  authority.  In  the  case  of  The  People  v.  the  Mayor,  Al- 
dermen, dkc.,  of  the  City  of  New  York,  3  Johns,  Gas.  79,  the 
court  says  :  "  Where  the  office  is  already  filled  by  a  person  who 
has  been  admitted  and  sworn,  and  is  in  color  of  right,  a  man- 
damus is  never  issued  to  admit  another  person,  because  the  cor- 
poration, being  a  third  party,  may  admit  or  not,  at  pleasure,  and 
the  right  of  the  party  in  office  may  be  injured  without  his  having 
an  opportunity  to  make  a  defence.  The  proper  remedy  in  the 
first  instance  is,  by  an  information  in  the  nature  of  a  quo  war- 
ranto, by  which  the  rights  of  the  parties  may  be  tried."  In  the 
above  case  the  relators  swore  that  they  had  been  duly  elected  to 
the  offices  to  which  they  asked  to  be  admitted.  But  it  appeared 
from  the  case,  that  other  persons  were  executing  the  duties.  This 
case,  it  is  conceived,  is  directly  applicable,  and  points  out  the 
remedy  that  ought  to  have  been  pursued  by  Hubbard.  Again, 
in  the  case  of  Rex  v.  Bankes,  3  Burr  1412,  which  was  an  appli- 
cation for  a  mandamus,  the  Court  of  King's  Bench  held  "  that 
the  mayor  de  facto  must  be  made  a  party  to  the  rule  to  shew 
cause."  In  4  Bae.  ab.  515,  title,  mandamus,  (E)  the  law  is  thus 
laid  down  :  "  But  though  the  Court  of  King's  Bench  be  intrusted 
with  this  jurisdiction  of  issuing  out  mandamuses,  yet  they  are 
not  obliged  to  do  so  in  all  cases  wherein  it  may  seem  proper,  but 
herein  may  exercise  a  discretionary  power,  as  well  in  refusing  as 
granting  such  writ,  as  where  the  end  of  it  is  merely  a  private  right, 


62  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

where  the  granting  it  would  be  attended  with  manifest  hard- 
ships and  difficulties"  etc.  Is  it  not  apparent  that  manifest 
hardship  and  difficulty  would  ensue  if  this  writ  should  be  granted  ? 
Would  it  not  have  the  effect  to  depose  and  eject  from  the  office 
of  governor  a  person  who  now  fills  it,  and  to  which  he  has  been 
duly  elected  by  the  people,  and  regularly  qualified  and  inducted 
into  office  ?  And  without  his  having  opportunity  to  shew  cause 
why  so  great  a  degradation  should  be  meted  out  to  him  ?  And 
would  not  a  great  constitutional  question  be  decided,  although 
brought  before  the  court  collaterally,  and  without  all  the  light 
that  might  be  shed  on  the  subject?  And  would  not  a  great 
principle  of  natural  justice  be  violated  ?  I  am  clearly  of  the 
opinion  that  the  mandamus  ought  not  to  be  awarded. 

This  decision  did  not  satisfy  G-ov.  Hubbard  or  his  party.  They 
appealed  to  the  General  Assembly  at  its  called  session,  called 
probably  to  meet  this  very  emergency,  but  it  declined  to  act  in 
the  matter,  and  it  was  dropped. 

The  Supreme  Court  was  frequently  called  to  consider  cases 
arising  from  the  existence  of  slavery  in  the  State.  A  review  of 
some  of  these  cases  clearly  shows  that  slavery  did  exist  as  a 
legalized  institution,  and  in  most  of  these  cases,  Judge  Lockwood, 
the  most  pronounced  anti-slavery  man  on  the  bench,  was  selected 
to  give  the  opinion  of  the  court,  and  we  m^,y  conclude  that  these 
decisions  give  the  most  favorable  view  possible,  and  the  persons 
claimed  as  slaves  or  property  had  the  advantage  of  every  tech- 
nical point  which  could  be  submitted  in  their  favor.  In  the  case 
of  Nance,  a  girl  of  color,  plaintiff  in  error,  vs.  John  Howard, 
defendant  in  error,  we  note  the  following  points  :  u  The  point 
presented  to  the  consideration  of  the  court  in  this  case  is, 
whether  a  registered  servant  is  liable  to  be  taken  and  sold  on 
execution  ? 

"  By  the  act  concerning  judgments  and  executions,  approved 
Jan.  17, 1825,  (  all  and  singular,  the  goods  and  chattels,  land  and 
tenements,  and  real  estate  of  a  judgment  debtor  shall  be  liable 
to  be  sold  on  execution.'  *  *  *  The  phrase,  goods  and  chat- 
tels, means  personal  property  in  possession.  Are,  then,  regis- 
tered servants  goods  or  chattels,  within  the  meaning  of  the 
statute?  This  is  a  question  of  mere  dry  law,  and  does  not 


DECISIONS    OF    THE    SUPREME    COURT.  63 

involve,  in  its  investigation  and  decision,  anything  relative  to 
the  humanity,  policy  or  legality  of  the  laws  and  constitution 
authorizing  and  recognizing  the  registering  and  indenturing  of 
negroes  and  mulattoes."  After  reciting  in  full  the  various  terri- 
torial and  state  laws  covering  this  point,  showing  conclusively 
that  these  indentured  servants  are  property  taxable  as  other 
property,  transferable  from  one  owner  to  another  under  certain 
conditions,  passing  by  inheritance  to  legal  heirs,  Justice  Lockwood 
gives  this  opinion,  sustained  by  the  other  judges :  "  I  have, 
therefore,  come  to  the  conclusion  that  indentured  and  registered 
servants  must  be  regarded  as  goods  and  chattels  and  liable  to  be 
taken  and  sold  on  execution." 

PHOSBE,  A  WOMA.N:  OF  COLOR,  PLAINTIFF  IN  ERROR,  ) 

vs. 
WM.  JAY,  DEFENDANT  IN  ERROR.  ) 

OPINION    OF   THE    COURT,    BY    JUSTICE    LOCKWOOD. 

This  is  an  action  of  trespass,  assault,  battery,  wounding,  and 
false  imprisonment,  to  which  the  defendant  plead,  that  the 
plaintiff,  on  the  26th  day  of  November,  1814,  before  William 
C.  Greenup,  clerk  of  the  court  of  common  pleas  of  Ran- 
dolph county,  Illinois  Territory,  agreed  to,  and  with,  one  Joseph 
Jay,  the  father  of  this  defendant,  and  who  is  now  deceased,  to 
serve  him  as  an  indentured  servant  for  and  during  the  term 
of  forty  years,  from  and  after  the  day  and  year  aforesaid, 
and  then  and  there  entered  into  and  acknowledged  an  inden- 
ture, whereby  she  bound  herself  to  serve  the  said  Joseph  Jay, 
forty  years  next  ensuing  said  date  aforesaid,  conformably  to 
the  laws  of  Illinois  Territory  respecting  the  introduction  of 
negroes  and  mulattoes  into  the  same ;  and  defendant  avers  that 
the  said  Joseph  has  since  departed  this  life,  leaving  this  defend- 
ant, his  only  son  and  heir  at  law,  who  is  also  his  administrator ; 
that  plaintiff  came  to  his  possession  lawfully,  after  the  death  of 
said  Joseph ;  that  in  order  to  compel  plaintiff  to  attend  to  and 
perform  the  duties  of  an  indentured  servant,  in  doing  the  ordi- 
nary business  of  him,  the  said  defendant,  and  remaining  in  his 
said  service,  he  had  necessarily  to  use  a  little  force  and  beating, 
which  is  the  same  trespass,  etc.  To  this  plea  the  plaintiff  de- 
murred, and  the  defendant  joined  in  demurrer.  The  circuit 


64:  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

court  sustained  the  plea,  and  thereupon  the  plaintiff  obtained 
leave  to  withdraw  her  demurrer  and  reply. 

Several  replications  were  filed,  to  which  defendant  demurred, 
and  the  demurrers  were  sustained  and  judgment  given  on  the  de- 
murrers for  the  defendant.  To  reverse  which  judgment  a  writ 
of  error  has  been  brought  to  this  court.  From  the  conclusion  I 
have  arrived  at,  I  deem  it  unnecessary  to  state  the  matter  or 
legality  of  replications.  The  first  question  presented  by  the  case 
is,  whether  the  "Act  concerning  the  introduction  of  negroes  and 
mulattoes  into  this  territory,  passed  17th  September,  1807,"  by  the 
Territory  of  Indiana,  and  continued  by  the  Territory  of  Illinois, 
was  not  a  violation  of  the  sixth  article  of  the  ordinance  of  Con- 
gress, passed  13th  July,  1787,  for  the  government  of  the  territory 
of  the  United  States  northwest  of  the  Ohio  river.  That  portion 
of  the  ordinance  applicable  to  this  case  reads  as  follows :  "  There 
shall  be  neither  slavery  nor  involuntary  servitude  in  the  said  ter- 
ritory, "otherwise  than  in  the  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted."  The  first,  second  and 
the  third  sections  of  the  act  of  1807  are  as  follows :  "It  shall 
and  may  be  lawful  for  any  person,  being  the  owner  or  possessor 
of  any  negroes  or  mulattoes,  of  and  above  the  age  of  fifteen  years, 
and  owing  service  or  labor  as  slaves  in  any  of  the  states  or  terri- 
tories of  the  United  States,  or  for  any  citizen  of  the  said  states 
or  territories  purchasing  the  same,  to  bring  the  said  negroes  and 
mulattoes  into  this  territory."  Sec.  2  :  "  The  owner  or  possessor 
of  any  negroes  or  mulattoes,  as  aforesaid,  and  bringing  the  same 
into  this  territory,  shall  within  thirty  days  after  such  removal,  go 
with  the  same  before  the  clerk  of  the  court  of  common  pleas  of 
the  proper  county,  and  in  the  presence  of  said  clerk  the  said 
owner  or  possessor  shall  determine  and  agree  to  and  with  his  or 
her  negro  or  mulatto,  upon  the  term  of  years  which  the  said  negro 
or  mulatto  will  and  shall  serve  his  or  her  said  owner  or  possessor, 
and  the  said  clerk  is  hereby  authorized  and  required  to  make  a 
record  thereof  in  a  book  which  he  shall  keep  for  that  purpose." 
Sec.  3.  "  If  any  negro  or  mulatto,  removed  into  this  territory,  as 
aforesaid,  shall  refuse  to  serve  his  or  her  owner,  as  aforesaid,  it 
shall  and  may  be  lawful  for  such  person,  within  sixty  days  there- 
after, to  remove  the  said  negro  or  mulatto  to  any  place  which,  by 


DECISIONS    OF    THE    SUPREME    COURT.  65 

\ 

the  laws  of  the  United  States  or  territory,  from  whence  such 
owner  or  possessor  may  or  shall  be  authorized  to  remove  the 
same." 

If  the  only  question  to  be  decided,  was  whether  this  law  of 
the  territory  of  Illinois  conflicted  with  the  ordinance,  I  should 
have  no  hesitation  in  saying  that  it  did. 

Nothing  can  be  conceived  farther  from  the  truth,  than  the 
idea  that  there  could  be  a  voluntary  contract  between  the  negro 
and  his  master.  The  law  authorizes  the  master  to  bring  his 
slave  here,  and  take  him  before  the  clerk,  and  if  the  negro  will 
not  agree  to  the  terms  proposed  by  the  master,  he  is  authorized 
to  remove  him  to  his  original  place  of  servitude.  I  conceive 
that  it  would  be  an  insult  to  common  sense,  to  contend  that  the 
negro,  under  the  circumstances  in  which  he  was  placed,  had  any 
free  agency.  The  only  choice  given  him  was  a  choice  of  evils. 
On  either  hand  servitude  was  to  be  his  lot.  The  terms  proposed 
were  slavery  for  a  period  of  years,  generally  extending  beyond 
the  probable  duration  of  his  life,  or  a  return  to  perpetual  slavery 
in  the  place  from  whence  he  was  brought.  The  indenturing  was 
in  effect  an  involuntary  servitude  for  a  period  of  years,  and  was 
void,  being  in  violation  of  the  ordinance,  and  had  the  plaintiff 
asserted  her  right  to  freedom  previous  to  the  adoption  of  the 
constitution  of  this  state,  she  would,  in  my  opinion,  have  been 
entitled  to  it.  But,  by  the  third  section  of  the  sixth  article  of 
the  constitution  of  the  state, "  Each  and  every  person  who  has 
been  bound  to  service  by  contract  or  indenture,  in  virtue  of  the 
laws  heretofore  existing,  and  in  conformity  to  the  provisions  of 
the  same,  without  fraud  or  collusion,  shall  be  held  to  a  specific 
performance  of  their  contracts  or  indentures,  and  such  negroes 
and  mulattoes  as  have  been  registered  in  conformity  with  the 
aforesaid  laws,  shall  serve  out  the  time  appointed  by  such  laws." 
,  And  here,  certainly,  a  very  grave  question  arises,  and  that  is, 
if  these  indentures  were  originally  void,  can  any  subsequent  act, 
and  that  without  the  consent  of  the  persons  most  interested, 
make  them  good  ?  I  readily  concede  that  no  subsequent  legisla- 
tive act  could  have  made  the  indenture  valid.  Can,  then,  this 
constitutional  provision  make  a  void  indenture  valid  ?  In  order 
more  fully  to  understand  this  question,  it  will  be  necessary 


66  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

clearly  to  ascertain  the  difference  between  an  an  act  of  the  leg- 
islature and  a  constitutional  provision.  What  is  meant  by  the 
term  constitution,  as  applied  to  government  ?  It  is  the  form  of 
government  instituted  by  the  people,  in  their  sovereign  capacity, 
and  in  it  are  determined  the  condition,  rights  and  duties  of  every 
individual  in  the  community. 

From  the  decrees  of  the  constitution  there  can  be  no  appeal  ; 
•for  it  emanates  from  the  highest  source  of  power,  the  sovereign 
people.  Whatever  condition  is  assigned  to  any  portion  of  the 
people,  by  the  constitution,  is  irrevocably  fixed,  however  unjust 
in  principle  it  may  be.  The  constitution  can  establish  no  tribunal 
with  power  to  abolish  that  which  gave  and  continues  such  tribu- 
nal in  existence.  But  a  legislative  act  is  the  will  of  the  legisla- 
ture, in  a  derivative  and  subordinate  capacity.  The  constitution 
is  their  commission,  and  they  must  act  within  the  pale  of  their 
authority,  and  all  their  acts  contrary,  or  in  violation  of  the 
constitutional  charter,  are  void. 

If  they  have  no  power  to  pass  an  act,  any  number  of  repeti- 
tions of  unconstitutional  acts,  or  acts  beyond  the  pale  of  their 
authority,  can  never  make  the  original  act  valid.  As  it  respects 
the  territorial  legislature,  the  ordinance  had  the  same  controlling 
influence  over  its  acts  as  a  constitution  has  over  the  legislature  of 
a  state.  By  this  course  of  reasoning,  I  conclude  that,  although 
the  act  of  the  territory,  in  relation  to  indenturing  negroes  and 
mulattoes,  was  originally  void,  yet  it  enumerated  a  description 
of  persons  whose  condition  in  life  and  the  rights  they  shall  pos- 
sess in  this  community,  the  constitution  of  the  state  has  under- 
taken to  fix.  It  has  determined  that  they  shall  serve  their  mas- 
ters according  to  the  provisions  before  recited.  It  was,  however, 
urged  on  the  argument  of  this  cause,  that  the  people  of  this 
state,  when  they  assembled  in  convention,  were  not  absolutely 
free  and  independent  and  at  liberty  to  adopt  what  frame  of 
government  they  chose,  for  they  were  controlled  by  the  consti- 
tution of  the  United  States  and  by  the  ordinance  of  1787.  The 
provision  of  the  third  section  of  the  sixth  article  of  the  constitu- 
tion of  this  state  does  not,  as  I  conceive,  in  any  way  conflict  with 
the  constitution  of  the  United  States.  Several  of  the  states,  in 
the  formation  of  their  constitutions,  have  ingrafted  into  them 


DECISIONS    OF    THE    SUPREME    COURT.  67 

provisions  relative  to  the  right  to  hold  persons  in  slavery,  with- 
out objection.  The  ordinance,  however,  is  no  doubt  still  binding 
upon  the  people  of  this  state,  unless  it  has  been  abrogated  by 
common  consent.  By  common  consent,  I  understand  the  United 
States  and  the  people  of  this  state,  and  wherever  they  shall  agree 
that  the  whole  or  any  part  of  the  ordinance  of  1787  shall  be 
repealed,  it  will,  so  far  as  it  affects  this  state,  become  a  dead  let- 
ter. The  people  of  this  state,  by  recognizing  the  validity  of  the 
indenturing  and  registering  of  servants  in  pursuance  of  the  act 
of  1807,  before  referred  to,  gave  their  consent  to  alter  so  much 
of  the  ordinance  as  was  repugnant  to  the  constitution  of  this 
state.  When  the  constitution  of  this  state  was  presented  to  Con- 
gress, in  order  to  our  admission  into  the  Union,  the  attention  of 
that  body  was  called  to  that  clause  of  our  constitution  which 
requires  that  registered  and  indentured  servants  shall  be  held  to 
serve  pursuant  to  said  act,  and  which  was  contended,  and  if  I 
mistake  not,  was  conceded  to  be  a  violation  of  the  ordinance. 
Congress,  however,  admitted  this  state  into  the  Union,  with  this 
constitutional  provision,  and  thereby,  I  think,  gave  their  consent 
to  the  abrogation  of  so  much  of  the  ordinance  as  was  in  opposi- 
tion to  our  constitution.  Having  thus  shown  that  registered  and 
indentured  servants  are  bound  to  serve,  the  next  question  that 
arises  in  this  case  is  whether  the  defend  ant  has  set  forth  sufficient 
matter  in  his  plea  to  support  his  claim  to  the  services  of  the 
plaintiff.  Several  objections  have  been  made  to  the  plea.  Those 
which  are  deemed  important  I  shall  notice  : 

1.  That   the  plea  does  not   state  the  existence  of  those  facts 
which  would  authorize  the  indenturing,  to  wit :    that  she  owed 
service  to  Joseph  Jay;  was  above  fifteen  years  of  age  ;  and  that 
the   indenturing    took  place   within   thirty  days  after  she  was 
brought  into  the  territory. 

2.  That  by  the  death  of  Joseph  Jay  the  indenture  ceased  to 
have  any  operation. 

3.  The  plea  is  uncertain  whether  defendant  claims  the  service 
in  virtue  of  his  administration  or  his  heirship;  and, 

4.  That  the  plea  does  not  answer  the  wounding. 

As  it  regards  the  first  objection,  it  evidently  appears  from  the 
constitution   that  it  does  not  intend  to  confirm  every  indenture. 


68  LIP'E    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

It  only  saves  those  that  were  made  "  in  conformity  to  the  provis- 
ions of  the  law,  without  fraud  or  collusion."  If  the  court  could 
.not  inquire  beyond  the  fact  of  indenturing,  then  this  provision 
of  the  constitution  would  be  useless  and  absurd.  But  upon  the 
ground  assumed  to  sustain  the  validity  of  these  indentures,  no 
doubt  can  exist  that,  unless  the  indenturing  was  in  conformity 
to  the  law  it  is  void.  On  whom  then  must  the  onus  probandi 
rest?  I  should  think,  in  ordinary  cases,  on  the  party  who  sets 
up  a  claim,  founded  on  statute,  and  in  derogation  of  common 
right.  It  was,  however,  on  the  argument,  urged  witli  great 
force,  that  if  it  was  incumbent  on  the  master,  after  a  lapse  of 
several  years,  to  prove  that  every  requisite  of  the  statute  had 
been  complied  with,  it  would  subject  the  master,  in  most  cases, 
to  great  inconvenience  and  expense,  and  in  many  cases  to  loss  of 
services  that  the  constitution  had  secured  to  him.  Witnesses 
might  forget,  remove  or  die,  and  thus  by  the  lapse  of  time  and 
accident  claimants  be  deprived  of  their  proof.  It  was  also  urged 
that  something  ought  to  be  presumed  in  favor  of  records  that 
the  officers  had  done  their  duty.  These  arguments  possess  con- 
siderable weight,  and  I  feel  it  the  duty  of  the  court,  in  deciding 
on  the  point,  to  allow  them  to  have  some  influence. 

If  the  injury  complained  of  had  consisted  in  constraint 
imposed  on  the  plaintiff  soon  after  the  time  of  indenturing 
before  the  clerk,  and  no  subsequent  imprisonment  of  the  plain- 
tiff had  taken  place,  the  statute  of  limitations  would  have  barred 
the  action  in  five  years,  and  the  defendant  would  not  then  have 
been  bound  to  have  plead  a  right  to  restrain  the  plaintiff's  liberty 
under  the  indenture.  The  statute  of  limitations  was  made  for 
the  purpose  of  quieting  parties  after  so  much  time  has  elapsed 
as  affords  a  presumption  that  the  evidence  might  be  lost  by  death 
or  forgetfulness.  That  this  statute  is  a  wise  law,  all  who  are 
conversant  with  trials  in  courts,  and  the  frailty  and  forgetfulness 
of  mankind,  will  readily  concede.  The  law,  therefore,  discour- 
ages law  suits,  after  so  much  time  has  intervened  as  to  create  the 
presumption  that  witnesses  have  died  or  forgotten  the  transac- 
tion; or,  in  other  words,  the  law  favors  the  diligent,  and  not  the 
slothful.  Had  the  plaintiff  brought  an  action  within  five  years 
after  the  commencement  of  what  she  complains  of  as  an  unlawful 


DECISIONS  OF  THE  SUPREME  COUKT.  69 

restraint  on  her  liberty,  I  should  have  been  clearly  of  opinion 
that  it  was  incumbent  on  the  defendant  to  have  shown,  not 
an  indenturing  only,  but  that  the  indenture  had  been  made  "  in 
conformity  to  the  provisions  of  law."  But  after  a  period  of  more 
than  ten  years  has  elapsed,  and  an  acquiescence  in  the  mean  time 
of  the  plaintiff,  I  think  it  would  impose  what  would  in  some 
cases  be  impossible,  and  in  all,  an  unreasonable  hardship,  to 
require  the  defendant  to  plead  and  prove  all  the  facts  necessary 
to  show  the  validity  of  the  indenture.  I  am,  therefore,  of 
opinion,  under  the  circumstances  of  this  case,  that  it  was  unne- 
cessary in  the  plea  to  aver  the  existence  of  the  facts  to  warrant 
the  making  of  the  indenture  in  question.  As,  however,  this 
opinion  is  based  on  legal  presumption,  it  would  certainly  be  com- 
petent for  the  plaintiff,  by  way  of  replication,  to  state  facts 
inconsistent  with  these  presumptions,  and  thereby  take  upon 
herself  the  burthen  of  proving  that  they  had  no  existence.  The 
second  objection  to  the  plea  is,  "  that  by  the  death  of  Joseph  Jay 
the  indenture  ceases  to  have  any  operation."  The  act  "  concern- 
ing the  introduction  of  negroes  and  mulattoes  into  this  territory," 
passed  September  the  17th,  1807,  contains  no  provision  as  to  the 
consequences  of  the  death  of  the  master,  upon  the  indentured 
servants.  Bat  by  the  third  section  of  the  sixth  article  of  the 
constitution  of  the  state,  before  referred  to,  it  is  declared  that 
"  each  and  every  person  who  has  been  bound  to  service,  by  con- 
tract or  indenture,  in  view  of  the  laws  of  Illinois  Territory,  shall 
be  held,"  etc.  From  this  phraseology,  it  would  seem  that  the 
convention  recognized  the  existence  of  more  than  one  law  that 
had  reference  to  the  indenturing  and  registering  of  negroes  and 
mulattoes. 

It  hence  becomes  necessary  to  inquire  into  all  the  laws  of  the 
territory,  in  relation  to  this  description  of  persons.  By  the  sev- 
enth section  of  the  act  entitled  "  an  act  concerning  executions," 
passed  the  17th  of  September,  1807,  being  the  same  day  on  which 
the  indenturing  law  was  passed,  it  is  enacted  "  That  the  time  of 
service  of  such  negroes  or  mulattoes  may  be  sold  on  execution 
against  the  master,  in  the  same  manner  as  personal  estate,  imme- 
diately from  which  sale  the  said  negroes  and  mulattoes  shall 
serve  the  purchaser  or  purchasers  for  the  residue  of  their  terms 


70  LIFE   AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

of  service."  By  the  act  entitled  "  an  act  to  regulate  county  lev- 
ies," passed  the  same  day,  "  bound  servants"  are  declared  to  be 
taxable  as  property.  And  by  the  third  section  of  the  act  entitled 
"  an  act  concerning  servants,"  passed  on  the  said  17th  day  of 
September,  1807,  it  is  declared  that "  the  benefit  of  the  said 
contract  of  service  shall  be  assignable  by  the  master  to  any  per- 
son being  a  citizen  of  this  territory,  to  whom  he  shall,  in  the 
presence  of  a  justice  of  the  peace,  freely  consent  that  it  shall  be 
assigned,  the  said  justice  attesting  such  free  consent  in  writing, 
and  shall  also  pass  to  the  executor,  administrators  and  legatees 
of  the  master."  But  by  a  strict  and  literal  construction  of  the 
language  employed  in  the  first  section  of  this  statute,  to  which 
the  word  contract  in  the  third  section  refers,  it  might  be  consid- 
ered doubtful  whether  the  words  "negroes  and  mulattoes,"  under 
contract  to  serve  another,  embrace  the  negroes  and  mulattoes 
registered  and  indentured  under  the  act  "concerning  the  intro- 
duction of  negroes  and  mulattoes  into  the  territory,"  or  only 
negroes  and  mulattoes  who  shall  come  into  the  territory  under 
"  contract  to  serve  another."  But  when  it  is  recollected  that  the 
convention  supposed  there  were  several  laws  on  the  subject  of 
registered  and  indentured  servants,  I  have  no  hesitation  in  con- 
cluding that  the  act  concerning  servants  embraced  indentured 
servants.  It  is  also  a  rule  in  the  construction  of  statutes,  that 
the  sense  which  "  the  contemporaneous  members  of  the  profes- 
sion had  put  upon  them,"  is  deemed  of  some  importance,  accord- 
ing to  the  maxim  that  "contemporanea  expositio  est  fortissimo, 
in  lege"  1  Kent's  Com.,  434.  I  have  been  informed  that  the 
members  of  the  bar  always  understood  the  act  concerning  ser- 
vants had  application  to  indentured  and  registered  servants,  and 
upon  that  opinion  the  community  at  large  have  supposed  that 
these  persons  might  be  sold,  with  the  consent  of  the  servants, 
and  that  they  went  to  the  administrator  in  course  of  administra- 
tion. It  is  a  further  rule,  in  construing  statutes,  that  several  acts 
m_parimateria,  and  relative  to  the  same  subject,  are  to  be  taken 
together  and  compared,  in  the  construction  of  them,  because  they 
are  considered  as  having  one  object  in  view,  and  as  acting  upon 
one  system.  This  rule  applies,  though  some  of  the  statutes  may 
have  expired,  or  are  not  referred  to  in  the  other  acts.  1  Kent's 


DECISIONS    OF    THE    SUPREME    COURT.  71 

Com.,  433.  The  first  legislature  after  the  adoption  of  the  con- 
stitution of  this  state,  in  the  act  entitled  "  an  act  respecting  free 
negroes,  mulattoes,  servants  and  slaves,"  passed  the  30th  of 
March,  1819,  adopted  the  third  section  of  the  "  act  concerning 
servants,"  verbatim,  though  from  the  context  it  does  not  appear 
that  any  contract  of  service  is  before  spoken  of.  This  section 
of  the  act  of  1819  cannot  have  any  object  or  meaning,  unless  it 
have  reference  to  the  indentured  and  registered  servants  men- 
tioned in  the  constitution.  I  thence  conclude  that  the  third  sec- 
tions of  the  act  "concerning  servants,"  and  the  llth  section  of 
the  act  of  1819,  embrace  indentured  and  registered  servants,  and 
consequently,  upon  the  death  of  Joseph  Jay,  the  plaintiff  went 
to  the  administrator  as  assets.  The  third  objection  to  the  plea 
is  that  it  is  uncertain  whether  the  defendant  claims  the  service 
in  virtue  of  his  being  administrator  or  heir.  This  objection  is,  I 
think,  fatal.  The  plea,  in  this  respect,  is  wholly  indefinite.  If 
the  defendant  claims  the  plaintiff  in  his  character  as  heir,  there 
is  no  law  to  sanction  his  claim.  If  the  services  of  the  plaintiff 
are  to  be  considered  as  property,  by  the  common  law,  they  would 
go  as  assets  to  the  administrator,  and  the  statutes  I  have  referred 
to  give  the  same  direction.  Should  the  party  claim  the  plaintiff 
as  administrator,  still  the  plea  would  be  bad,  as  the  adniinistra- 
tor  would  only  have  the  custody  of  the  plaintiff  for  safe  keeping 
until  her  time  of  service  should  be  sold.  As  administrator  he 
had  no  power  to  compel  the  plaintiff  "  to  attend  to  the  ordinary 
business  of  him,  the  said  defendant."  On  the  ground  that  the 
plea  is  too  uncertain  as  to  the  character  in  which  the  defendant 
claims  the  services  of  the  plaintiff,  and  upon  the  further  ground 
that  in  neither  capacity  can  the  defendant  claim  her  services,  the 
judgment  must  be  reversed.  The  plea  is  also  defective,  in  point 
of  form,  for  not  answering  the  wounding.  It  was  urged  on  the 
argument,  that  plaintiff,  having  demurred  to  defendant's  plea, 
and  having  subsequently  withdrawn  it,  and  replied,  upon  the 
demurrer's  being  overruled  in  the  court  below,  it  is  now  too  late 
to  object  to  the  plea.  The  withdrawing  the  demurrer  is  as  if  it 
had  never  been  put  in.  Consequently,  when  a  good  declaration 
is  filed  the  defendant  must  interpose  a  good  bar,  or  else,  the 
plaintiff  is  entitled  to  recover.  It  is  a  rule  of  pleading,  that  "  a 


72  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

demurrer  by  either  party  has  the  effect  of  laying  open  to  the 
court,  not  only  the  pleading  demurred  to,  but  the  entire  record, 
for  their  judgment  upon  it,  as  to  the  matter  of  the  law."  1 
Saund.  285  (n.  5.)  And,  "  if  two  or  more  of  the  pleadings  be 
bad  in  substance,  the  court  will  give  judgment  against  the  party 
who  committed  the  first  fault."  Archbold's  civil  pleadings,  351. 
Therefore,  notwithstanding  the  plaintiff's  replication  may  be  bad, 
of  which  I  give*  no  opinion,  if  the  plea  also  be  bad,  judgment 
must  be  for  plaintiff.  I  am  of  opinion  that  judgment  must  be 
reversed,  with  costs,  and  the  proceedings  be  remanded  to  the 
Randolph  circuit  court,  with  liberty  to  defendant  to  amend  his 
plea,  on  payment  of  the  costs  occasioned  thereby. 

This  proved  to  be  one  of  the  most  important  cases  ever 
brought  before  our  supreme  court,  as  the  rulings  under  it  were 
held  to  establish  the  constitutionality  and  legality  of  the  acts 
relating  to  indentured  servants,  and  thus  established  in  our  state 
this  form  of  slavery,  which  continued  until  the  adoption  of  the 
new  constitution  in  1848. 

If  it  should  be  asked,  How  could  a  man  of  such  pronounced 
and  decided  anti-slavery  sentiments  render  such  an  opinion  ?  it 
must  be  remembered  it  is  the  duty  of  a  judge  to  interpret  the 
laws;  not  to  make  or  amend  them.  Our  first  constitution  did 
recognize  and  establish  tnis  form  of  slavery,  and  the  justices  of 
our  supreme  court  could  not  ignore  that  fact,  however  much 
they  might  deplore  it. 


CHAPTER  IX. 

CONFLICT    BETWEEN    THE    LEGISLATURE    AND    THE    SUPREME     COURT. 

IT)  EFERENCE  has  already  been  made  to  this  conflict ;  but  it 
JLt  requires  farther  consideration.  The  conflict  arose  in  part, 
from  the  character  and  conduct  of  the  first  judges ;  in  part,  from 
the  influence  of  political  and  partisan  issues  ;  but  was  due,  mainly, 
to  a  popular  dislike  of  our  whole  judicial  system.  We  have  seen 
that  there  was  a  good  deal  of  hard  feeling  in  the  legislature  over 
the  election  of  the  new  judges  at  the  session  of  1824-25.  This 
was  a  time  of  great  political  excitement.  The  question  of  slavery 
was  agitating  the  whole  country.  The  era  of  good  feeling  under 
President  Monroe,  was  abruptly  terminated  by  the  results  of  the 
presidential  election  of  1824.  In  all  these  matters  Illinois  was 
greatly  interested.  Active  partisans  were  ready  to  stir  up  strife. 
In  the  controversy  over  the  admission  of  Missouri,  our  senators, 
Thomas  and  Edwards,  favored  the  compromise,  and  according  to 
Stuve,  first  suggested  as  the  northern  boundary  line  of  slavery  30° 
30.'  On  the  other  hand,  our  representative,  Daniel  P.  Cook, 
opposed  the  admission  of  Missouri  on  constitutional  grounds,  as 
he  explained ;  but  the  pro-slavery  party  would  listen  to  no  expla- 
nations, and  in  most  bitter  terms  denounced  Mr.  Cook  and  all  his 
anti-slavery  friends.  In  the  presidential  election  of  1824,  Illinois 
was  very  much  divided  in  sentiment.  The  Kentucky  element 
largely  favored  Henry  Clay  ;  the  Tennessee  and  the  more  south- 
ern element  favored  Jackson ;  while  the  more  northern  and 
eastern  influence,  and  the  anti-slavery  element  favored  John  Q. 
Adams.  The  result  was  a  divided  electoral  vote. 

In  the  election  by  the  House  of  Representatives,  Mr.  Cook, 
our  sole  representative,  gave  the  vote  of  the  state  to  Mr. 
Adams.  In  all  these  measures,  three  out  of  the  four  judges — 
Wilson,  Lockwood  and  Brown — were  supposed  to  be  in  sym- 
pathy wth  Mr.  Cook,  and  shared  in  the  denunciations  heaped 

73 


4  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

on  him.  In  subsequent  years,  these  three  judges,  though  in  no 
sense  partisans,  were  identified  with  the  Whig  party,  leaving 
Judge  Smith  the  only  Democrat  on  the  supreme  bench.  As  we 
have  seen,  these  justices  of  the  supreme  court  were  appointed  by 
the  legislature  to  hold  office  for  life.  This  arrangement  was 
becoming  more  and  more  unpopular,  both  as  to  the  mode  of 
appointment  and  term  of  office,  and  very  unjustly  manifested 
itself  in  the  legislature  in  attempts  to  worry  and  annoy  the 
judges.  The  real  ground,  however,  of  the  hostility  between  these 
two  branches  of  our  state  government,  is  found  in  the  following 
constitutional  provision  :  "  The  governor  for  the  time  being,  and 
the  judges  of  the  supreme  court,  or  a  major  part  of  them,  shall 
be,  and  are  hereby  constituted  a  council  to  revise  all  bills  about 
to  be  passed  into  laws  by  the  general  assembly;  and  for  that- 
purpose  shall  assemble  themselves  from  time  to  time,  when  the 
general  assembly  shall  be  convened  ;  for  which  nevertheless,  they 
shall  not  receive  any  salary  or  consideration  under  any  pretence 
whatever ;  and  all  bills  which  have  passed  the  senate  and  house 
of  representatives  shall,  before  they  become  laws,  be  presented 
to  the  said  council  for  their  revision  and  consideration ;  and  if 
upon  such  revisal  and  consideration,  it  should  appear  improper 
to  said  council,  or  a  majority  of  them,  that  the  bill  should 
become  a  law  of  this  state,  they  shall  return  the  same,  together 
with  their  objections  thereto  in  writing,  to  the  senate,  or  house 
of  representatives,  (in  whichsoever  the  same  shall  have  origi- 
nated,) who  shall  enter  the  objections  set  down  by  the  council, 
at  large  in  their  minutes,  and  proceed  to  reconsider  said  bill. 
But  if  after  such  reconsideration  the  said  senate  or  house  of  rep- 
resentatives shall,  notwithstanding  the  said  objections,  agree  to 
pass  the  same  by  a  majority  of  the  whole  number  of  members 
elected;  it  shall,  together  with  said  objections,  be  sent  to  the 
other  branch  of  the  general  assembly,  where  it  shall  also  be 
reconsidered ;  and  if  approved  by  a  majority  of  all  the  members 
elected,  it  shall  become  a  law." 

In  some  respects  this  constitutional  provision  was  of  great 
benefit  as  preventing  a  great  amount  of  crude,  unconstitutional 
and  contradictory  legislation,  but  it  disregarded  that  great  prin- 
ciple in  our  republican  government,  that  the  three  branches  of 


LEGISLATIVE    CONFLICT.  75 

the  government  must  be  kept  separate  and  distinct.  Practically, 
three  of  the  supreme  judges  had  a  quasi  veto  power  on  the  acts  of 
the  legislature,  even  when  the  legislature  was  sustained  by  the 
executive.  And  in  times  of  political  excitement, when  a  majority 
of  the  judges  were  politically  opposed  by  the  majority  party  in 
the  general  assembly,  and  the  executive,  the  decisions  of  this 
court  of  revision  would  be  attributed  to  party  feeling,  and  subject 
the  judges  to  suspicion  and  abuse.  Unfortunately  this  was  the 
case  in  the  period  we  are  now  considering,  and  although  there 
was  nothing  in  the  conduct  of  the  judges  to  call  for,  or  justify  any 
such  treatment,  they  were,  without  any  show  of  reason  or  justice, 
subjected  to  such  an  amount  of  misrepresentation,  denunciation 
and  threats  of  impeachment,  as  rendered  their  position  almost 
unendurable.  On  several  occasions,  Judge  Lock  wood  would 
have  retired  from  his  position,  but  for  the  earnest  entreaties  and 
solicitations  of  his  many  friends,  irrespective  of  party  lines.  As 
one  manifestation  of  this  hostile  spirit,  the  legislature  at  its  ses- 
sion of  1826-27  reorganized  the  courts  of  the  state.  In  the 
organization  of  the  courts  two  years  before,  the  state  was  divided 
into  five  circuits,  and  five  circuit  judges  appointed,  leaving  to  the 
supreme  justices  only  appellate  jurisdiction, with  no  circuit  duties. 
The  session  of  1826-27  legislated  four  of  the  circuit  judges 
out  of  office  and  assigned  their  circuits  to  the  four  supreme  judges, 
thus  greatly  increasing  their  duties,  and  making  a  change  of  resi- 
dence necessary  on  the  part  of  at  least  one  of  them.  The 
reason  assigned  for  this  change  was  economy,  which  was  not 
then,  nor  ever  has  been,  accepted  as  the  true  reason.  And  when 
we  consider  the  duty  of  these  judges,  and  the  small  compensa- 
tion they  received,  the  reason  seems  to  us  in  these  times  little 
short  of  absurd.  The  combined  salary  of  all  the  nine  judges 
was  only  $6,200.  The  change  saved  the  state  only  $2,400,  while 
it  proved  such  an  injury  to  the  state  in  necessary  delays  and 
postponement  of  cases,  that  in  a  few  years  a  return  to  the  old 
system  was  found  necessary.  We  can  hardly  avoid  the  conclu- 
sion that  the  change  was  an  effort  of  a  strongly  democratic  leg- 
islature to  secure  the  resignation  of  the  "Whig  justices.  Judge 
Lockwood  was  assigned  to  the  northern  circuit,  and  this  neces- 
sitated a  change  of  residence  on  his  part.  Accordingly  he  gave 


76  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

up  his  home  in  Edwardsville,  and  in  the  fall  of  1827  removed 
to  Springfield,  and  the  next  fall  to  Jacksonville,  where  he 
resided  until  the  spring  of  1853.  In  1840-41  this  controversy 
between  the  two  branches  of  government  reached  its  climax^  in 
which  the  conduct  of  the  general  assembly,  and  the  work  it 
accomplished,  form  a  dark  picture  in  our  state  history.  A 
review  of  this  matter  will  bring  out  the  names  of  some  men 
then  young  and  just  entering  upon  public  life,  who  have  since 
won  honorable  distinction.  The  statements  here  given  are  taken 
from  Governor  Ford's  History,  who  was  a  lifelong  Demo- 
crat, and  at  this  time  in  full  sympathy  with  his  party,  and  was 
personally  honored  in  the  legislative  action  here  referred  to. 
Governor  Ford's  opinion  of  Judge  Smith  will  be  found  else- 
where, but  in  this  immediate  connection  he  gives  the  following 
record  as  to  the  three  Whig  judges.  "  It  is  due  to  truth  here  to 
say,  that  Wilson  and  Lockwood  were  in  every  respect  amiable 
and  accomplished  gentlemen  in  private  life,  and  commanded  the 
esteem  and  respect  of  all  good  men  for  the  purity  of  their  con- 
duct, and  their  probity  in  official  station.  Wilson  was  a  Vir- 
ginian of  the  old  sort,  a  man  of  good  education,  of  sound  judg- 
ment, and  an  elegant  writer,  as  his  published  opinions  will  show. 
Lockwood  was  a  IsTew  Yorker.  He  was  an  excellent  lawyer,  a 
man  of  sound  judgment,  and  his  face  indicated  uncommon 
purity,  modesty  and  intelligence,  together  with  energy  and 
strong  determination.  His  face  was  the  true  index  of  his  char- 
acter. Brown  was  a  fine,  large,  affable  and  good-looking  man, 
had  a  tolerable  share  of  tact  and  good  sense,  a  complimentary, 
smiling  and  laughing  address  to  all  men,  and  had  been  elected 
and  continued  in  office  on  the  ground  that  he  was  believed  to  be 
a  clever  fellow." 

At  this  time  Justices  Wilson  and  Lockwood  had  rendered 
themselves  obnoxious  to  the  dominant  political  party  by  their 
decision  in  a  case,  covering  a  right  of  the  governor  to  remove 
from  office  the  secretary  of  state.  Justice  Smith,  giving  a  dis- 
senting opinion,  and  Justice  Brown  withholding  his  opinion,  on 
account  of  family  connection  with  the  party  interested.  Thus  the 
whole  storm  of  partisan  abuse  was  turned  against  Wilson  and 
Lockwood.  At  this  same  time,  another  question  of  more  general 


LEGISLATIVE    CONFLICT.  77 

importance  was  agitating  the  whole  state.  There  were  in  the 
state,  about  10,000  unnaturalized  foreign  voters,  who  under  the 
loose  construction  of  the  constitution  had  exercised  all  the 
rights  of  suffrage  of  native  born  citizens.  From  natural  affilia- 
tion, the  Democratic  party  was  sure  of  nine-tenths  of  this  vote, 
and  an  exclusion  of  it  would  probably  revolutionize  the  political 
standing  of  the  state.  The  circuit  judge,  in  the  Galena  district, 
had  given  a  decision  implying  the  illegality  of  this  vote,  and  as 
the  question  must  come  to  the  supreme  court  by  appeal,  and  as 
a  majority  of  the  justices  of  that  court  were  known  to  be  Whigs, 
the  whole  Democratic  party  was  thrown  into  a  great  state  of 
alarm  and  excitement,  and  the  abuse  of  the  judges  assumed  a 
corresponding  degree  of  virulence.  "What  the  decision  of  the 
judges  would  be  was  only  a  matter  of  surmise,  as  they  had  not 
expressed  an  opinion.  In  fact,  it  never  came  before  the 
supreme  court  in  such  a  form  that  their  decision  touched  the 
great  question  at  issue.  But  the  general  assembly  was  in  ses- 
sion, and  the  danger  threatened  led  the  party  leaders  to  a  piece 
of  partisan  strategy,  which  Governor  Ford  calls  little  short  of 
"revolutionary."  This  was  a  reorganization  of  our  judiciary. 
The  state  was,  at  this  time,  divided  into  nine  circuits,  with  nine 
circuit  judges.  These  nine  circuit  judges  were  legislated  out  of 
office  ;  the  number  of  supreme  judges  was  increased  to  nine,  and 
circuit  duties  assigned  to  each  one  of  them.  As  the  same  legis- 
lature had  the  right  of  appointment,  there  could  be  no  doubt  as 
to  the  political  complexion  of  the  new  court.  It  would  stand  six 
Democrats  to  three  Whigs.  But  we  hear  no  more  of  the  charge 
of  offensive  partisanship  from  the  Democratic  side.  In  their 
debates  and  discussions  over  this  question,  there  was  a  great 
amount  of  hard  feeling  engendered,  and  many  harsh  words 
spoken.  This  measure  did  not  have  the  full  support  of  the 
Democratic  party,  and  the  few  men  opposed  it  were  denounced 
in  unmeasured  terms.  In  this  connection  we  quote  from  Gov- 
ernor Ford:  "The  fate  of  some  of  these  Democrats  affords  a 
melancholy  lesson.  They  were  denounced  by  their  friends  and 
turned  over  to  the  Whigs.  But,  so  far  as  I  know,  they  have  ever 
since  been  found  acting  with  the  party,  though  they  have  never 
been  able  to  recover  its  confidence.  The  excitement  has  gone 


78  LIFE   AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

by ;  the  party  itself  has  been  pretty  generally  convinced,  that 
the  system  then  adopted,  ought  to  be  abandoned;  that  the 
supreme  court  ought  to  be  constituted  as  it  was  before ;  yet 
these  Democrats,  many  of  them,  are  still  under  the  ban ;  so  true 
it  is,  that  in  all  party  matters,  a  breach  of  discipline,  a  rebellion 
against  leaders,  is  regarded  as  infinitely  more  offensive  than  the 
mere  support  of  wicked  or  unwise  measures,  or  opposition  to 
good  ones.  A  party  never  holds  its  members  to  account  for 
supporting  the  worst  sort  of  measures,  or  opposing  the  best  ones, 
unless  the  leaders  have  made  them  the  test  of  fidelity  to  party ; 
but  woe  to  him  whose  conscience .  is  so  tender,  that  he  cannot 
support,  or  oppose,  the  measures  decreed  by  his  party !  Woe  to 
him  who  is  guilty  of  a  breach  of  discipline,  or  who  rebels 
against  leaders ! " 

A  brief  notice  of  the  newly  appointed  judges  will  not  be  out 
of  place.  They  were  Thomas  Ford,  Sidney  Breese,  Walter  B. 
Scates,  Samuel  H.  Treat  and  Stephen  A.  Douglas.  Three  of 
these,  Breese,  Treat  and  Scates,  had  been  circuit  judges,  and 
their  appointment  was  a  well  deserved  promotion.  For  many 
years  they  honored  their  position  as  judges  with  unquestioned 
integrity  and  marked  ability.  For  Mr.  Ford's  appointment, 
some  other  reason  must  be  found.  He  held  the  office  for  only 
two  years,  and  was  then  elected  governor  of  the  state.  As  to 
Mr.  Douglas,  we  quote  from  Stuve  and  Davidson:  "He  had 
made  a  violent  attack  upon  the  old  judges  by  a  characteristic 
speech  in  the  lobby,  and  had  furnished  McClernand  the  data 
upon  wrhich  the  latter  denounced  the  court ;  in  view  of  all  of 
which,  it  seems  strange  that  he  had  sought  and  obtained  a  posi- 
tion side  by  side  writh  the  gentlemen  he  had  traduced  and 
attempted  so  much  to  bring  into  disrepute.  Partisan  scheming 
and  the  cravings  of  office  could  not  well  go  further."  And  to 
this  it  may  be  added,  he  was  a  member  of  the  house  of  represen- 
tatives, and  the  originator  of  the  whole  scheme,  and  its  most 
efficient  advocate.  During  all  this  controversy,  so  long  as  the 
abuse  was  confined  to  lobby  speeches,  anonymous  newspaper 
articles,  and  unsigned  hand-bills  posted  around  the  capital,  the 
justices  maintained  a  dignified  silence?  But  in  the  heat  of 
debate  in  the  house  of  representatives,  John  A.  McClernand 


LEGISLATIVE    CONFLICT.  79 

made  a  direct  attack  upon,  the  justices  with  specific  charges 
which  could  not  be  overlooked.  John  J.  Hardin,  also  a  member 
of  the  house,  addressed  a  note  to  the  justices,  calling  their  atten- 
tion these  statements  and  urging  upon  them  a  public  denial. 
To  this  communication  the  judges  made  the  following  reply, 
drawn  up  by  Judge  Lockwood  and  signed  by  all  four  of  the 

justices : 

SPRINGFIELD,  Jan.  26,  1841. 

JOHN  J.  HARDIN,  Esq. 

Dear  /Sir: — Your  letter  of  to-day  has  just  been  received,  and 
we  proceed  to  answer  it  without  hesitation. 

In  doing  so,  we  can  not,  however,  but  express  our  great  aston- 
ishment at  the  character  of  the  statement  to  which  you  refer. 
Yon  say  that  Mr.  McClernand,  a  member  of  the  house  of  repre- 
sentatives, has  asserted  in  debate : — "  I  am  authorized  to  say,  and 
I  do  say  on  my  own  responsibility,  if  any  such  responsibility  is 
needed,  that  the  judges  of  the  supreme  court  prepared  an  opinion 
against  the  right  of  foreigners  to  vote,  at  the  last  June  term  of 
that  court,  but  on  account  of  objections  made  by  counsel  to  a 
mistake  in  the  record,  they  withheld  their  opinion,  but  did  so 
most  reluctantly.  The  opinion  has  gone  abroad  that  these  judges 
have  made  the  decision,  recently  delivered,  on  the  subject  of  the 
right  of  foreigners  to  vote,  in  order  to  defeat  the  bill  under  con- 
sideration, and  to  prevent  these  judges  going  on  the  circuit." 

To  this  statement  we  give  the  most  unqualified  denial  in  all  its 
points  ;  neither  of  the  members  of  the  court  having  ever  prepared, 
or  written,  any  opinion  against  the  right  of  aliens  to  vote  at 
elections.  "As  to  the  insinuations,  that  the  decision  of  any  case 
was  made  at  the  time  to  defeat  the  judiciary  bill,  we  reply :  it  is 
in  all  its  parts  equally  unjust,  and  without  a  pretense  for  its 
justification." 

We  have  thus  promptly  complied  with  your  request,  and  we 
cannot  close  this  communication,  without  remarking  the  great 
injustice  done  to  ourselves,  not  only  by  the  statement  referred  to, 
but  the  numerous  other  slanders,  which,  in  our  situation,  we 
have  no  means  of  repelling. 

We  have  the  honor  to  be,  respectfully  your  obedient  servants, 
THOS.  W.  SMITH.  WM.  WILSON. 

SAMUEL  D.  LOCKWOOD.    THOMAS  C.  BROWN. 


80  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

To  meet  this  denial,  Mr.  McClernand  gave,  as  authority  for  the 
statements  made,  the  name  of  Stephen  A.  Douglas,  and  Mr. 
Douglas,  to  meet  this  pressure  brought  upon  hinf,  was  compelled 
to  give  the  name  of  Thos.  W.  Smith,  the  Democratic  justice, 
and  substantiated  his  statement  by  the  certificate  of  six  others  of 
the  members  of  the  house  of  representatives,  that  they  had  heard 
Justice  Smith  make  the  same  charge  against  his  associates. 
Stuve  says,  "  There  is  now  no  doubt  that  Smith  made  the  former 
statement,  nor  is  there  any  doubt  that  it  was  false." 

"  As  to  Judge  Smith,"  says  Gov.  Ford,  "  he  made  nothing  by  all 
his  intrigues.  By  opposing  the  reform  bill,  he  fell  out  and  quar- 
relled with  the  leaders  of  his  party.  He  lost  the  credit  he  had  gained 
by  being  the  Democratic  champion  on  the  bench,  and  failed  of 
being  elected'  to  the  United  States  Senate  ;  and  was  put  back  to 
the  laborious^ duty  of  holding  circuit  court."  He  farther  adds  : 
"  Judge  Smith,  (I  regret  to  say  it  of  a  man  that  is  no  more)  was 
an  active,  bustling,  ambitious,  and  turbulent  member  of  the 
Democratic  party.  He  had  for  a  long  time  aimed  to  be  elected 
to  the  United  States  Senate ;  his  devices  and  intrigues  to  this  end 
had  been  innumerable.  In  fact,  he  never  lacked  a  plot  to  advance 
himself,  or  blow  up  some  other  person.  He  was  a  laborious 
schemer  in  politics,  but  his  plans  were  always  too  complex  and 
ramified  for  his  power  to  execute  them.  Being  always  unsuccess- 
ful himself,  he  was  delighted  with  the  mishaps  alike  of  friends 
and  enemies ;  and  was  ever  chuckling  over  the  blasted  hopes  of 
some  one."  In  this  connection  it  may  be  added,  that  in  1833 
Judge  Smith  had  been  impeached  by  the  house  of  representatives 
on  several  charges  of  gross  misdemeanor  in  office,  and  only 
escaped  conviction  by  the  senate,  by  that  provision  of  the  consti- 
tution which  required  a  two-thirds  vote  of  that  body  to  sustain 
the  charges. 

The  council  of  revision  did  not,  of  course,  approve  the  judiciary 
bill,  and  returned  it  to  the  house  with  their  objections  clearly  and 
forcibly  stated.  This  document  was  drawn  up  by  Judge  Lock- 
wood.  The  bill,  however,  was  repassed,  but  in  the  house  by  a 
constitutional  majority  of  only  one,  and  that  one  vote  was  given 
by  a  member  who  opposed  the  bill  on  its  first  passage,  and  who 
immediately  after  was  appointed  clerk  of  the  supreme  court  as 


LEGISLATIVE    CONFLICT.  81 

newly  organized,  the  five  new  judges,  without  any  consultation 
whatever  with  their  associates,  turning  out  the  old  clerk  and 
putting  this  new  man  in  his  place.  The  spirit  of  the  general 
assembly  is  shown  by  its  treatment  of  Judge  Brown,  in  assigning 
the  judges  to  the  different  circuits.  His  home  was  in  Shawnee- 
town,  the  extreme  southern  part  of  the  state,  where  he  had 
resided  and  held  the  office  of  judge  since  the  organization  of  the 
state.  Now  in  his  old  age  he  was  assigned  to  the  Galena  circuit. 
This  was  done  with  the  hope  that  it  would  secure  his  resignation. 
This  not  proving  successful,  an  attempt  was  made  to  remove  him 
from  office  by  action  of  the  general  assembly  on  the  following 
charges,  signed  by  several  prominent  lawyers,  specifications  as 
follows  :  u  That  he  had  not  the  natural  strength  of  intellect,  and 
lacked  the  legal  and  literary  learning,  requisite  and  indispensable 
to  the  high  and  responsible  duties  devolving  upon  him  as  a 
judge  of  the  supreme  court ;  that  his  opinions  delivered  in  that 
court  were  written  and  revised  by  others,  and  that  his  decisions 
on  the  circuit  had  been  the  mere  echo  of  some  favorite  attorney ; 
and  that  by  nature,  education  and  habit  he  was  wholly  unfit  for 
his  high  position."  This  stirring  language  indicated  something 
more  than  a  purpose  to  solely  subserve  the  public  good  ;  however* 
the  general  assembly  took  no  action  in  the  matter. 

These  incidents  are  here  recited  for  the  sole  purpose  of  indi- 
cating, and  keeping  in  mind,  the  great  obligation  of  the  state  to 
Justices  "Wilson  and  Lockwood  in  maintaining  the  integrity  and 
high  standing  of  its  supreme  judiciary,  whose  reports  have  ever 
held  a  good  standing  as  compared  with  older  and  much  more 
favored  states. 

This  was  the  most  trying  period  of  Judge  Lockwood' s  life,  and 
for  the  next  seven  years,  his  position  was  extremely  unsatis- 
factory. His  official  duties,  hitherto  burdensome,  were  largely 
increased,  and  required  an  absence  from  home  the  larger  part  of 
the  year,  and  during  sessions  of  the  supreme  court  he  had  to  take 
his  place  side  by  side  with  men  who  had  maligned,  slandered 
and  abused  him. 


84:  LIFE    AND    TIMES    OF    HON.  SAMUEL   D.  LOCKWOOD. 

to  suppress  and  eradicate  crime  ?  It  is,  gentlemen,  a  melancholy 
truth  that  it  does  not.  Is  there,  then,  no  means  within  the  power 
of  man  to  greatly  diminish,  if  not  wholly  to  suppress,  the  com- 
mission of  vicious  and  criminal  acts?  Yes,  gentlemen,  much, 
much  can  be  done  in  aid  of  the  law  to  reform  society  and  stay 
that  moral  pestilence  that  wasteth  at  noonday,  which  is  daily 
destroying  not  only  the  virtue  of  the  community,  but  both  the 
souls  and  bodies  of  men. 

I  feel  it  my  duty,  gentlemen,  to  speak  candidly  and  plainly  to 
you  on  this  subject,  and  my  only  object  is  to  do  good.  I  trust 
my  motive  may  be  my  apology  for  pressing  this  subject  on  you, 
on  myself,  on  all  that  hear  me. 

The  vice  that  in  our  country  is  most  predominant,  and  that  is 
hurrying  such  great  numbers  of  its  votaries  into  crime,  ruin  and 
the  grave,  is  that  of  intemperance.  It  is  said  by  St.  Paul  that 
the  love  of  money  is  the  root  of  all  evil ;  but  if  the  love  of  money 
be  the  root,  the  love  of  intoxicating  drink,  in  our  day  and  in  our 
country,  has  become  its  most  luxuriant  arid  pernicious  branch. 
The  extravagant  use  of  strong  drink  is  not  confined  to  the  lowest 
and  basest  part  of  the  human  family ;  it  has  extended  itself  into 
every  rank  and  station  of  life.  We  are  all  more  or  less  subject 
to  its  influence.  There  is  no  doubt  that  it  is  the  fruitful  source 
of  at  least  three-fourths  of  all  the  crime,  disease,  misery  and  ruin 
with  which  mankind  is  afflicted.  It  is  the  pestilence  that  is 
carrying  thousands  to  an  untimely  grave. 

The  drunkard  not  only  ruins  himself  for  time  and  for  eternity, 
but  he  involves  in  his  ruin  his  innocent  wife  and  children ;  and 
not  only  so,  but  he  frequently  entails  upon  them  disgrace  and 
poverty.  A  great  poet  has  said :  "  Every  inordinate  cup  is 
unblessed  and  the  ingredient  a  devil."  That  this  is  true,  hund- 
reds can  testify.  Many  a  miserable  man,  in  swallowing  an 
unnecessary  draught  of  ardent  spirits,  has,  unawares,  swallowed  a 
devil,  who  has  instigated  him  to  the  commission  of  a  crime,  that 
has  not  only  brought  the  wretched  man  to  a  disgraceful  end,  but 
has  involved  a  virtuous  family  in  wretchedness,  poverty  and 
contempt. 

S  How  can  this  dreadful  scourge  of  our  fellow-beings  be  stayed, 
be  arrested  in  its  dreadful  career  ?     Laws,  from  sad  experience 


AN    OLD    TEMPERANCE    LECTUKE.  85 

we  have  learned,  are  totally  ineffectual.  Is  there  then  no  rem- 
edy ?  Yes,  gentlemen,  there  is  one,  and  but  one  remedy  that  is 
within  our  feeble  reach;  and  that  is,  let  every  lover  of  his  coun- 
try, every  lover  of  his  neighbor,  every  well-wisher  to  morals  and 
religion,  in  fact  every  worthy  man,  set  a  good  example  to  all 
around  him,  by  wholly  abstaining  from  the  use  of  ardent  spirits. 
One  good  example  is  worth  twenty  precepts.  Preach  we  never 
so  well,  if  our  life  does  not  conform  to  our  doctrine,  who  will 
give  heed  to  our  preaching  ?  If  we  sincerely  wish  the  reforma- 
tion of  our  fellow  men,  let  us  all  begin  the  good  work  at  home. 
Should  the  officers  of  goverment,  the  grand  jurors  of  the  respect- 
ive counties,  together  with  all  the  well-wishers  of  society,  com- 
mence the  blessed  work  of  reform  by  refusing  to  use,  and  dis- 
couraging the  unnecessary  use  in  others,  of  ardent  spirits,  we 
should  shortly  witness  greater  benefits  to  society  than  all  the 
wealth  that  the  mines  of  Mexico  could  bestow. 

Intemperance  would  thus  give  place  to  peace  and  good  morals 
in  society,  which  would  prevent  such  a  useless  waste  of  time  and 
money.  This  state  of  things  would  soon  become  a  parent  of 
great  virtues,  such  as  temperance,  prudence,  economy  and  indus- 
try. Should  these  virtues  greatly  predominate  in  our  country, 
vice  would  hide  its  head  abashed,  and  we  might  hope,  without 
presumption,  that  crime  would  almost  wholly  disappear.  With 
the  prevalence  of  these  virtues,  most  of  the  pecuniary  distresses 
of  men,  arising  from  what  is  falsely  called  hard  times,  would 
cease.  Our  fertile  soil  would  then  remove  poverty  from  our 
land.  It  never  has  been,  and  it  never  will  be  the  case,  that  the 
practice  of  the  virtues  I  have  enumerated  has  not  placed  those 
who  possessed  them  above  the  reach  of  want  and  hard  times. 

To  bring  about  such  happy,  such  beneficial  results,  only  requires 
that  the  well-disposed  part  of  the  community  should  put  their 
shoulder  to  the  wheel  of  reform ;  and  others,  seeing  their  good 
works,  will  soon  be  disposed  to  do  likewise. 

Gentlemen,  I  am  not  combatting  an  imaginary  evil, — would  to 
God  I  were ! — but  one  of  which  every  court-yard,  every  election, 
almost  every  public  gathering,  every  docket  of  the  court,  is  preg- 
nant with  evidence  as  strong  as  "  proof  from  Holy  Writ." 


86  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

Unless  something  is  done,  and  done  quickly,  too,  the  disease 
will  be  past  cure.  A  people  sunk  down  into  the  mire  of  intem- 
perance presents  one  of  the  most  disgusting,  and  at  the  same  time 
one  of  the  most  hopeless  cases  of  human  depravity  and  degra- 
dation. Let  us  then  awake  before  the  evil  becomes  too  powerful 
to  grapple  and  overthrow.  Every  day's  delay  is  teeming  with 
danger  to  the  best  interests  of  our  beloved  country.  That  each 
of  us  may  feel  the  importance  of  the  subject  is  my  most  ardent 
desire. 

Such  clear  and  vigorous  utterances  may,  in  our  day,  seem 
quite  commonplace ;  but  it  was  quite  otherwise  when  this  charge 
was  given  to  the  jurors  in  our  state.  At  that  time  the  use  of 
intoxicating  drinks  was  well  nigh  universal ;  and  intemperance 
was  not  regarded  as  a  sin,  even  in  the  church.  The  temperance 
lecturer  had  not  made  his  appearance  and  would  not  have  been 
tolerated  in  any  assembly  of  the  people. 

As  an  advocate  of  such  total  abstinence,  Judge  Lockwood 
stood  well-nigh  alone.  Public  sentiment,  strong  and  bitter,  was 
on  the  other  side.  Bench  and  bar  and  authorities  in  state  and 
church  stood  united  in  opposition.  To  take  such  a  stand  required 
a  heroic  courage,  and  indicated  a  true  nobility  of  character  wor- 
thy of  all  honor.  Happy  the  state  that  in  the  formative  period 
of  its  history  had  as  its  leading  justice  in  its  supreme  court  a 
man  of  such  integrity  and  courage. 


CHAPTER  XL 

THE    SLAVERY    CONFLICT. 

r  I  iHERE  are  few  men  of  the  present  generation  who  have  any 
correct  idea  of  the  conflict  in  Illinois  over  the  question  of 
slavery. 

It  was  a  severe  and  bitter  conflict,  pervading  political,  business, 
social  and  religious  circles,  disturbing  the  courts  of  justice,  and, 
with  wide-reaching  results,  affecting  not  only  the  state,  but  the 
whole  country.  Without  exaggeration,  it  may  ba  said,  Illinois 
was  the  battle-ground  of  freedom  for  the  nation. 

The  act  of  Congress  providing  for  the  organization  of  the 
Northwest  Territory,  now  celebrated  as  the  Ordinance  of  1787, 
did  in  words,  exclude  slavery  from  Illinois,  but  practically,  this 
prohibition  was  in  many  respects  a  dead  letter.  Slavery  among 
the  old  French  settlers  existed  as  an  established  institution,  recog- 
nized and  enforced  by  French,  English  and  Virginian  authorities. 
The  rights  of  the  slaveholders  were  guaranteed  in  treaty  stipula- 
tions, and  in  the  cessions  made  by  Virginia  to  the  United  States. 
The  ordinance  of  1787  disregarded  these  treaty  stipulations,  and 
the  courts  of  the  country  must  decide  between  the  conflicting 
authorities.  In  Illinois  the  lower  courts  sustained  the  claims  of 
the  slave  owners,  and  on  an  appeal  to  the  supreme  court  it  was 
found  that  that  judiciary  was  equally  divided  in  opinion,  Justice 
Lockwood  and  one  of  his  associates  deciding  for  freedom,  and 
the  other  two  for  slavery,  so  the  appeal  failed,  and  this  form  of 
slavery  for  the  time  being  had  the  sanction  of  our  courts. 

This  condition  of  things  continued  till  the  reconstruction  of 
our  judiciary  system  added  five  new  justices  to  the  supreme 
court,  and  a  growing  public  sentiment  in  opposition  to  slavery 
secured  the  appointment  of  anti-slavery  men  to  some  of  the  new 
positions.  In  1843  another  appeal  on  this  troublesome  question 
was  taken  to  the  supreme  court,  and  after  a  delay  of  nearly  two 

87 


$8  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

years,  a  decision  was  rendered  by  a  bare  majority  of  the  justices 
sustaining  the  ordinance  of  1787,  and  virtually  giving  freedom 
to  all  these  so-called  French  slaves. 

In  previous  chapters  we  have  referred  to  that  form  of  slavery 
introduced  into  the  territory  by  an  act  relating  to  indentured  and 
apprenticed  servants.  Under  this  system  the  families  coming 
from  southern  states  were  able  to  retain  their  domestic  servants, 
and  families  from  the  northern  states  were  in  many  cases  com- 
pelled to  countenance  and  favor  this  form  of  servitude,  for  in  no 
other  way  could  the  necessary  household  help  be  secured.  Under 
still  another  form,  slavery  had  gained  admission  upon  our  so- 
called  free  soil.  In  1816  the  United  States  government  leased 
the  salt  springs  in  southern  Illinois  to  a  private  company  with  a 
right  to  employ  slave  labor  to  carry  on  the  works.  This  may 
seem  a  trifling  matter,  but  it  ignored  the  ordinance  of  1787,  and 
in  and  around  Shawneetown  slavery  was  a  recognized  institution, 
and  within  certain  limitations  was  legalized  by  the  constitution 
of  the  state. 

Under  these  various  forms  slavery  had  become  a  familiar  insti- 
tution, largely  regarded  as  a  necessity,  and  a  proposition  to  give 
it  permanence  and  a  fuller  sanction  of  law  by  constitutional 
enactment  caused  but  a  slight  shock  to  public  sentiment.  It 
would  require  but  little  change  in  our  statutes,  where  these 
servants  were  regarded  as  mere  chattels  to  be  bought  and  sold, 
taxed  and  liable  to  attachment  for  debt  as  any  other  property. 

The  current  advertisements  in  the  newspapers  would  not  re- 
quire much  change,  as  witness  the  following,  taken  from  the 
"  Missouri  Gazette  "  and  "  Illinois  Advertiser." 

FIFTY    DOLLARS    REWARD 

Will  be  given  to  any  person  who  will  deliver  to  me,  in  Cahokia, 
a  negro  boy  named  Moses,  who  ran  away  from  me  in  Cahokia 
about  two  months  since.  He  is  about  sixteen  years  old,  well 
made,  and  did  belong  to  Messrs  McKnight  &  Brady,  in  St.  Louis, 
where  he  has  been  since  frequently  and  is  supposed  to  be  harbored 
there,  or  about  there.  He  had  on  a  hunting  shirt  when  he  left 
me,  May  14,  1816. 

JOHN  REYNOLDS. 


THE    SLAVERY    CONFLICT.  89 

Rather  a  novel  idea  for  a  fugitive  slave  to  escape  from  Illinois 
into  Missouri. 

Two  years  later  this  John  Reynolds  was,  as  we  have  seen, 
elected  one  of  the  associate  justices  of  our  supreme  court,  and  in 
1830  governor  of  our  state. 

The  following  is  given  rather  as  an  index  of  the  times  and  not 
of  the  man,  and  is  taken  from  the  "  Illinois  Herald,"  published  in 
Kaskaskia,  Oct.  1,  1815. 

NOTICE. — I  have  for  sale  22  slaves.  Among  them  are  several 
of  both  sexes,  between  the  ages  of  10  and  17  years.  If  not 
shortly  sold,  I  shall  wish  to  hire  them  in  Missouri  Territory.  I 
have  also  for  sale  a  full-blooded  stud  horse,  a  very  large  English 
bull,  and  several  young  ones. 

October  1,  1815.  NINIAN  EDWARDS. 

Mr.  Edwards  was  at  this  time  the  most  honored  and  influential 
man  in  the  territory,  and  as  governor  had  taken  the  solemn  oath 
to  sustain  the  constitution  and  laws  of  the  United  States. 
Evidently,  the  ordinance  of  1787  was  passing  into  "  innocuous 
desuetude." 

All  these  considerations  in  favor  of  slavery  were  greatly  inten- 
sified by  the  admission  of  Missouri  into  the  Union  with  its  pro- 
slavery  constitution,  and  there  was  on  all  sides  an  avowed 
determination  to  effect  a  corresponding  change  in  the  constitution 
of  Illinois. 

The  road  from  Shawneetown  to  Kaskaskia  was  a  busy  thorough- 
fare, crowded  with  emigrants  from  the  older  states  to  the  new 
and  richer  territories.  These  in-comers  could  be  divided  into  two 
classes.  There  were  the  poor  whites,  mostly  from  Tennessee,  with 
their  meager  outfit,  lazy  habits  and  low  aspirations,  seeking  cheap 
homes  in  Illinois  ;  and  there  were  the  wealthy  planters  with  their 
well-provided  equipage,  with  household  effects  and  family  ser- 
vants, passing  through  Illinois  to  the  state  beyond  with  its  more 
favored  institutions.  Ignorance  and  poverty  were  seeking  a  home 
in  Illinois,  while  wealth,  refinement,  business  activity  and  enter- 
prise were  passing  through  on  its  thoroughfares  to  regions  beyond. 

Such  was  the  view  of  the  case  presented  by  the  advocates  of 
slavery,  and  to  their  minds  demanded  an  immediate  change  in 


88  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

years,  a  decision  was  rendered  by  a  bare  majority  of  the  justices 
sustaining  the  ordinance  of  1787,  and  virtually  giving  freedom 
to  all  these  so-called  French  slaves. 

In  previous  chapters  we  have  referred  to  that  form  of  slavery 
introduced  into  the  territory  by  an  act  relating  to  indentured  and 
apprenticed  servants.  Under  this  system  the  families  coming 
from  southern  states  were  able  to  retain  their  domestic  servants, 
and  families  from  the  northern  states  were  in  many  cases  com- 
pelled to  countenance  and  favor  this  form  of  servitude,  for  in  no 
other  way  could  the  necessary  household  help  be  secured.  Under 
still  another  form,  slavery  had  gained  admission  upon  our  so- 
called  free  soil.  In  1816  the  United  States  government  leased 
the  salt  springs  in  southern  Illinois  to  a  private  company  with  a 
right  to  employ  slave  labor  to  carry  on  the  works.  This  may 
seem  a  trifling  matter,  but  it  ignored  the  ordinance  of  1787,  and 
in  and  around  Shawneetown  slavery  was  a  recognized  institution, 
and  within  certain  limitations  was  legalized  by  the  constitution 
of  the  state. 

Under  these  various  forms  slavery  had  become  a  familiar  insti- 
tution, largely  regarded  as  a  necessity,  and  a  proposition  to  give 
it  permanence  and  a  fuller  sanction  of  law  by  constitutional 
enactment  caused  but  a  slight  shock  to  public  sentiment.  It 
would  require  but  little  change  in  our  statutes,  where  these 
servants  were  regarded  as  mere  chattels  to  be  bought  and  sold, 
taxed  and  liable  to  attachment  for  debt  as  any  other  property. 

The  current  advertisements  in  the  newspapers  would  not  re- 
quire much  change,  as  witness  the  following,  taken  from  the 
"  Missouri  Gazette  "  and  "  Illinois  Advertiser." 

FIFTY    DOLLARS    REWARD 

Will  be  given  to  any  person  who  will  deliver  to  me,  in  Cahokia, 
a  negro  boy  named  Moses,  who  ran  away  from  me  in  Cahokia 
about  two  months  since.  He  is  about  sixteen  years  old,  well 
made,  and  did  belong  to  Messrs  McKnight  &  Brady,  in  St.  Louis, 
where  he  has  been  since  frequently  and  is  supposed  to  be  harbored 
there,  or  about  there.  He  had  on  a  hunting  shirt  when  he  left 
me,  May  14,  1816. 

JOHN  REYNOLDS. 


THE    SLAVERY    CONFLICT.  89 

Rather  a  novel  idea  for  a  fugitive  slave  to  escape  from  Illinois 
into  Missouri. 

Two  years  later  this  John  Reynolds  was,  as  we  have  seen, 
elected  one  of  the  associate  justices  of  our  supreme  court,  and  in 
1830  governor  of  our  state. 

The  following  is  given  rather  as  an  index  of  the  times  and  not 
of  the  man,  and  is  taken  from  the  "  Illinois  Herald,"  published  in 
Kaskaskia,  Oct.  1,  1815. 

NOTICE. — I  have  for  sale  22  slaves.  Among  them  are  several 
of  both  sexes,  between  the  ages  of  10  and  17  years.  If  not 
shortly  sold,  I  shall  wish  to  hire  them  in  Missouri  Territory.  I 
have  also  for  sale  a  full-blooded  stud  horse,  a  very  large  English 
bull,  and  several  young  ones. 

October  1,  1815.  NINIAN  EDWARDS. 

Mr.  Edwards  was  at  this  time  the  most  honored  and  influential 
man  in  the  territory,  and  as  governor  had  taken  the  solemn  oath 
to  sustain  the  constitution  and  laws  of  the  United  States. 
Evidently,  the  ordinance  of  1787  was  passing  into  "  innocuous 
desuetude." 

All  these  considerations  in  favor  of  slavery  were  greatly  inten- 
sified by  the  admission  of  Missouri  into  the  Union  with  its  pro- 
slavery  constitution,  and  there  was  on  all  sides  an  avowed 
determination  to  effect  a  corresponding  change  in  the  constitution 
of  Illinois. 

The  road  from  Shawneetown  to  Kaskaskia  was  a  busy  thorough- 
fare, crowded  with  emigrants  from  the  older  states  to  the  new 
and  richer  territories.  These  in-comers  could  be  divided  into  two 
classes.  There  were  the  poor  whites,  mostly  from  Tennessee,  with 
their  meager  outfit,  lazy  habits  and  low  aspirations,  seeking  cheap 
homes  in  Illinois  ;  and  there  were  the  wealthy  planters  with  their 
well-provided  equipage,  with  household  effects  and  family  ser- 
vants, passing  through  Illinois  to  the  state  beyond  with  its  more 
favored  institutions.  Ignorance  and  poverty  were  seeking  a  home 
in  Illinois,  while  wealth,  refinement,  business  activity  and  enter- 
prise were  passing  through  on  its  thoroughfares  to  regions  beyond. 

Such  was  the  view  of  the  case  presented  by  the  advocates  of 
slavery,  and  to  their  minds  demanded  an  immediate  change  in 


90  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

our  institutions,  or  Illinois  would  be  given  up  to  ignorance  and 
poverty. 

There  were  no  insuperable  obstacles  in  way  of  such  a  change. 
It  was  provided  in  the  cession  made  by  Virginia,  that  the  North- 
west Territory  should  be  divided  into  states,  to  be  admitted  into 
the  Union  with  all  the  rights  of  sovereignty  belonging  to  the  origi- 
nal states,  and  no  one  doubted  that  that  sovereignty  included  the 
control  of  its  own  domestic  institutions.  The  constitution  of 
Illinois  made  it  the  duty  of  the  general  assembly,  whenever  two- 
thirds  of  its  number  should  think  it  necessary  to  alter  or  amend 
the  constitution,  to  recommend  to  the  electors  at  the  next  election 
of  members  to  the  general  assembly  to  vote  for  or  against  a 
convention  for  such  purpose,  and  if  it  shall  appear  that  a  majority 
of  all  the  citizens  voted  for  a  convention,  the  general  assembly 
shall  at  their  next  session  call  one,  to  be  held  in  time  and  manner 
specified.  Under  this  provision  of  the  constitution,  the  plans  of 
the  pro-slavery  party  soon  took  definite  shape. 

The  conflict  is  to  be  over  this  question — convention,  or  no  con- 
vention ;  and  the  contestants  are  to  be  known  as  convention  or 
anti-convention  men.  Convention  means  a  new  constitution 
legalizing  slavery.  Anti-convention  means  a  condemnation  of 
slavery,  and  a  pledge  of  its  entire  removal  from  the  state. 

There  are  evidently  two  great  battles  to  be  fought,  and  the 
convention  party  must  win  them  both,  or  fail.  It  must  secure  a 
two-thirds  majority  in  the  next  general  assembly  to  order  a 
popular  vote  on  the  convention  question,  and  in  that  popular  vote 
must  secure  a  majority  in  favor  of  the  convention. 

Previous  to  these  great  battles,  however,  there  are  some  pre- 
liminary skirmishes  worthy  of  notice. 

At  first  all  the  official  positions  in  the  state  were  held  by  pro- 
slavery  men.  If  Governor  (at  this  time  Senator)  Edwards  be 
claimed  as  an  exception,  it  must  be  said  of  him,  that  he  was  a 
slaveholder,  as  senator  had  favored  the  admission  of  Missouri  to 
the  Union,  and  had  the  support  of  the  pro-slavery  party. 

Mr.  Flower,  writing  from  personal  knowledge,  thus  sums  up 
the  case :  "  Our  influential  men  and  all  who  held  office,  from 
the  governor  to  the  constable,  were  from  slave  states.  Every 
sheriff  and  every  clerk  of  the  county  were  pro-slavery  men. 


THE    SLAVERY    CONFLICT.  91 

Every  lawyer  and  all  our  judges  were  from  slave  states  and  pro- 
slavery.  I  know  of  but  one  exception  in  the  whole  bar  that 
attended  our  courts,  and  that  was  Samuel  D.  Lockwood." 

The  first  skirmish  was  in  the  general  assembly  of  1820-21, 
where  this  solid  official  front  was  broken  by  the  election  of 
Samuel  D.  Lockwood  to  the  office  of  attorney  general.  This 
skirmish  was  not  a  trifling  matter,  and  the  result  was  of  much 
more  importance  than  is  indicated  in  any  history.  There  were 
three  prominent  candidates  representing  three  different  views  of 
this  slavery  question.  One,  the  ultra  extreme  sentiment — slavery 
right  in  itself,  a  divine  institution  necessary  for  the  happiness  and 
prosperity  of  the  state.  One,  more  conservative, — slavery  an 
existing  institution,  right  under  existing  circumstances,  an  evil 
perhaps,  but  an  evil  to  be  made  the  best  of.  The  other,  outspoken 
in  the  sentiment, — slavery  is  an  evil  and  a  curse,  and  must  be 
kept  out  of,  and  exterminated  from  our  grand  and  noble  state. 
Each  candidate,  of  course,  had  his  own  friends,  and  such  personal 
considerations  had  to  some  extent  their  influence,  but  the  trial 
wras  on  the  main  issue.  There  were  forty-two  members  of  the 
assembly  present,  and  of  these  Mr.  Lockwood  had  the  constant 
and  steady  support  of  just  one-third,  indicating  probably  the  real 
strength  of  the  anti-slavery  party.  The  other  two-thirds  were 
divided  and  unsettled  in  their  action,  and  in  the  strife,  got  angry 
with  each  other.  Eighteen  ballots  were  taken  on  Tuesday  with- 
out reliable  gain  by  either  party,  and  the  question  was  postponed 
till  the  next  Saturday,  when  on  the  third  ballot  Mr.  Lockwood 
received  twenty-three  votes,  and  strange  as  it  may  seem,  gained 
this  outside  support  from  the  ultra  pro-slavery  faction. 

This  was  the  first  rally  of  the  anti-slavery  forces.  It  secured 
a  party  organization  and  a  recognized  leader,  and  the  victory 
was  an  inspiration  in  all  the  coming  conflict. 

The  second  skirmish  was  of  like  import,  though  on  a  much 
broader  field.  This  was  the  election  of  Edward  Coles  in  August, 
1822,  as  the  second  governor  of  the  state.  This  was  one  of  the 
most  wonderful  incidents  in  our  political  history,  state  or  national. 
The  convention  party,  now  well  organized,  was  confident  of  a 
two-thirds  majority  in  the  state,  and  was  undoubtedly  correct  in 
this  opinion.  Still  the  opposition  was  not  disposed  to  surrender 


92  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

without  a  conflict.  Its  adherents  would  make  the  best  fight 
possible.  For  this  purpose,  they  nominated  a  full  state  ticket 
with  Edward  Coles  at  its  head,  as  candidate  for  governor.  Mr. 
Coles  was  probably  the  one  man  in  the  state  most  obnoxious  to 
the-  convention  party.  A  Yirginian  of  marked  ability,  and 
eminent  standing  in  his  native  state,  with  ample  means  and  most 
advantageous  family  and  social  connections,  he  had  turned  his 
back  upon  his  old  home,  and  the  most  flattering  prospects,  simply 
on  account  of  his  conscientious  opposition  to  slavery.  He  had 
emancipated  his  slaves,  brought  them  with  him  to  Illinois  and 
provided  for  their  comfortable  support.  This  was  a  trumpet 
blast  for  freedom  whose  echoes  would  not  cease.  This  was  like 
the  voice  of  the  prophet  crying  in  the  wilderness,  which  could 
not  be  silenced,  and  as  in  the  olden  times,  there  were  not  a  few 
who  would  gladly  have  his  head,  politically  at  least,  brought  to 
them  in  a  charger. 

The  convention  party  had  nominated  Chief  Justice  Joseph 
Philips  as  its  candidate;  a  man  of  good  standing  with  the 
people,  and  there  seemed  nothing  in  the  way  of  his  triumphant 
election.  But  for  some  unaccountable  reason  a  fraction  of  the 
party  became  alarmed  at  some  indications  of  opposition  to 
Judge  Philips,  and  in  the  panic,  nominated  a  third  candidate, 
Judge  Thomas  C.  Brown,  who,  they  thought,  would  absorb  the 
opposition  against  Philips,  and  draw  many  from  the  support  of 
Mr.  Coles. 

The  result  was  a  surprise  to  all  parties,  and  an  earthquake 
shock  to  the  convention  leaders.  Judge  Brown  drew  a  large 
vote  to  himself,  but  to  the  wonder  of  all,  he  drew  it  from 
Philips,  and  not  from  Coles.  The  figures  of  the  election  furnish 
an  interesting  study.  A  fourth  candidate,  Gen.  James  B. 
Moore,  received  a  small  support.  The  figures  stand  as  follows  : 
Coles,  2,810;  Moore,  522;  Philips,  2,760  ;  and  Brown,  2,543  ;  an 
aggregate  of  8,635  votes ;  showing  that  Edward  Coles  had  a  plu- 
rality of  only  fifty  votes  over  Judge  Philips,  and  was  elected 
governor  with  less  than  a  one-third  popular  vote  in  his  favor. 
-  This  result  must  be  regarded  as  providential.  The  God  of 
battles  was  on  the  side  of  freedom  in  Illinois.  This  victory 
gave  to  the  anti-convention  party  a  commander-in-chief,  a  true 


THE    SLAVERY    CONFLICT.  93 

nobleman,  in  every  way  well  qualified  to  organize  and  strengthen 
his  party. 

Governor  Coles,  as  one  of  the  first  acts  of  his  administration, 
appointed  Samuel  D.  Lockwood  secretary  of  state,  this  being 
the  only  official  position  he  had  the  right  to  fill.  Thus  these  two 
leaders  in  the  anti-slavery  cause  were  brought  together  and  most 
closely  associated  in  friendship  and  zeal  in  a  noble  cause.  They 
were  about  the  same  age,  with  considerable  experience  in  public 
affairs,  both  unmarried,  and  at  liberty  to  give  their  undivided 
attention  to  the  great  interests  at  stake. 

So  now  the  two  great  parties  are  well  organized  and  ready  for 
the  conflict.  The  first  battle  is  to  be  in  the  general  assembly, 
where  the  preliminary  steps  for  a  convention  must  be  taken. 
The  members  of  this  body  have  just  been  elected,  and  the  con- 
vention men  are  confident  that  they  have  secured  the  requisite 
two-thirds  majority  in  each  house.  But  there  are  some  doubtful 
members  who  may  be  won  over  by  this  or  that  side,  and  some 
shaky  members  who  must  be  supplied  with  nerve  and  backbone, 
and  the  contestants  have  abundant  scope  for  the  exercise  of  their 
powers. 

On  the  meeting  of  the  general  assembly  it  is  soon  ascertained 
that  the  convention  party  has  more  than  a  two-thirds  majority  in 
the  senate,  but  to  its  surprise  and  present  discomfiture,  lacks  one 
of  the  requisite  number  in  the  house ;  but  the  party  is  too  strong, 
too  full  of  bitter  zeal,  and  too  unscrupulous  in  its  methods  to  yield 
the  point.  An  attempt  is  first  made  to  have  the  question  decided 
in  a  joint  meeting  of  the  two  houses,  where  a  surplus  in  one 
house  wrould  supply  the  deficiency  in  the  other,  but  the  words  of 
the  constitution  are  too  definite  on  this  point.  There  must  be  a 
two-thirds  majority  in  each  house. 

The  convention  party  in  the  extremity  resorts  to  a  piece  of 
downright  rascality  for  which  no  excuse  or  palliation  has  been 
given.  A  man  by  the  name  of  Hanson  had  been  elected  to  the 
house  of  representatives  in  Pike  county,  but  for  some  reason, 
now  unknown,  his  claim  to  the  seat  was  contested  by  a  man 
named  Shaw.  Early  in  the  session,  Hanson's  claim  was  con- 
firmed, and  Shaw  gave  up  the  case  and  went  home.  It  was 
soon  after  ascertained  that  Hanson  would  not  vote  in  favor  of  a 


94  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

convention,  and  in  this  he  stood  firm  against  all  the  promises, 
threats  and  influences  of  the  convention  party.  Whereupon, 
that  party  decided  that  Hanson's  seat  was  vacant,  and  recalled 
Shaw  and  placed  him  in  it.  This  gave  the  party  the  requisite 
two-thirds  majority.  Thus  the  first  great  victory  was  won  for 
slavery. 

The  exultation  of  the  party  knew  no  bounds.  Yandalia 
became  the  scene  of  the  wildest  confusion ;  evidently  the  popu- 
lace was  pretty  much  on  that  side.  The  anti-convention  men 
were  insulted  and  abused.  Governor  Coles  and  Secretary 
Lockwood  were  made  the  objects  of  special  animosity.  Their 
lives  were  threatened,  and  the  demand  was  made  that  they 
should  resign  their  offices,  which  they  held  against  the  wishes  of 
a  large  majority  of  the  people.  But  the  end  was  not  yet,  and 
these  violent  and  lawless  measures  of  the  convention  men  dis- 
turbed and  alarmed  the  more  conservative  of  their  party,  and 
led  to  quite  a  reaction  in  public  sentiment. 

There  was  yet  another  battle  to  be  fought,  and  there  wasV 
ample  time  to  prepare  for  it.  The  last  appeal  must  be  to  the 
people,  and  the  question  be  decided  by  a  popular  vote  on  the 
simple  issue,  convention  or  no  convention.  Could  this  vote  be 
taken  at  once,  there  could  be  no  doubt  as  to  the  result.  The 
slave  power  would  be  triumphant,  but  the  vote  cannot  be  taken 
until  the  next  general  election,  which  will  not  be  till  August, 
1824,  nearly  eighteen  months  in  the  future.  Here  is  time  and 
opportunity  «f or  work.  What  may  not  be  accomplished  in  that 
interval  ?  It  is  a  grand  crisis.  The  issue  between  slavery  and 
freedom  could  not  be  more  sharply  set.  The  soul  not  stirred  by 
it  must  be  sluggish  indeed.  Each  party  girds  itself  for  the  con- 
flict. Speedy,  persistent,  continuous  effort  is  the  watchword  for 
the  time.  At  first,  the  advantage  seems  to  be  altogether  on  the 
side  of  the  convention  party.  It  includes  most  of  the  wealth, 
social  and  political  influence,  and  official  patronage  in  the  state, 
and  is  strengthened  by  almost  all  the  outside  sympathy,  as  our 
social  and  commercial  relations  are  almost  solely  with  the  south. 
Funds  are  needed  for  honorable  campaign  purposes.  Conven- 
tion members  in  the  general  assembly  by  resolution  tax  them- 
selves, and  try  to  force  collection.  Each  anti-convention  member 


THE    SLAVERY    CONFLICT.  95 

voluntarily  contributes  fifty  dollars  to  the  cause.  Governor 
Coles  comes  forward  nobly  and  consecrates  his  whole  four  years' 
salary,  $4,000,  to  the  work.  Mr.  Lockwood  resigns  his  position 
as  secretary  of  state,  with  its  meager  fees,  and  accepts  the  office 
of  receiver  of  public  moneys  and  devotes  the  surplus  income  to 
the  grand  enterprise.  Many  others  respond  with  equal  liberality. 
Organization  is  needed.  The  convention  men  form  secret  clubs, 
with  passwords  and  private  signals.  The  anti- convention  men 
organize  societies,  and  hold  public  meetings  with  one  avowed 
purpose — Illinois  for  freedom.  The  influence  of  the  press  must 
be  secured. 

There  are  several  papers  in  the  state.  The  "  Illinois  Intelli- 
gencer" at  Yandalia,  the  "Illinois  Republican"  at  Edwards- 
ville,  and  the  " Republican  Advocate"  at  Kaskaskia  are  under 
the  control  of  pro-slavery  men,  and  are  the  organs  of  that  party. 
A  few  of  the  anti-convention  men  secure  the  "  Spectator "  at 
Edwardsville,  with  Hooper  Warren  as  editor,  and  Samuel  D. 
Lockwood,  Wm.  H.  Brown  and  Thomas  Lippincott  as  financial 
managers.  Others  soon  after  start  the  "  Illinois  Gazette "  at 
Shawneetown,  under  the  management  of  Henry  Eddy,  and  later 
on *in  the  campaign,  David  Blackwell  buys  out  the  "Illinois 
Intelligencer,"  and  then  ably  conducts  it  in  opposition  to  the 
convention  scheme.  / 

The  country  is  flooded  with  pamphlets,  circulars  and  hand- 
bills, appealing  to  the  people  on  every  phase  of  the  question. 
The  public  speaker  of  course  has  his  place,  and  eloquent  appeals 
are  made  from  platform  and  pulpit,  from  stump  and  rostrum. 

The  names  of  the  leaders  and  distinguished  actors  cannot  here 
be  given.  The  division  was  not  along  sectional  lines.  The 
strongest  man  on  the  side  of  freedom  was  the  Virginian,  Gov. 
Coles ;  and  one  of  the  most  influential  men  on  the  other  side 
was  Elisha  Kent  Kane,  of  New  York,  a  northern  man  with 
southern  principles,  soon  to  be  rewarded  with  a  seat  in  the 
United  States  Senate,  and  his  name  given  to  posterity  in  our 
county  nomenclature.  In  one  important  particular  the  anti- 
convention  party  had  the  advantage.  It  was  a  thoroughly  united 
party,  controlled  by  men  of  strong  convictions  in  full  sympathy 
with  each  other.  The  leaders  of  the  other  party  were  politicians, 


96  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

with  personal  political  aspirations,  envious  and  distrustful  of 
each  other,  and  not  unfrequently  estranged  by  personal  animosi- 
ties. Thus  for  a  year  and  a  half  the  conflict  waged,  always 
earnest,  at  times  fierce  and  bitter.  Gov.  Reynolds,  an  active 
convention  man,  and  well  acquainted  with  all  the  men  and 
measures  of  both  parties,  thus  sums  up  the  case :  "  The  conven- 
tion question  gave  rise  to  two  years  of  the  most  furious  and 
boisterous  excitement  and  contest  that  ever  was  visited  on  Illinois. 
Men,  women  and  children  entered  the  arena  of  party  warfare 
and  strife,  and  the  families  and  neighborhoods  were  so  divided 
and  furious  and  bitter  against  one  another,  that  it  seemed  a  reg- 
ular civil  war  might  be  the  result.  The  leaders  of  the  conven- 
tion party  were  Gov,  Bond.  Kane,  McLean,  Judge  Philips,  A. 
P.  Field,  Joseph  A.  Eeaird,  Kobison,  Smith,  Kinney,  West,  K.  M. 
Young  and  others.  The  opposition  was  headed  by  Gov.  Coles, 
Rev.  J.  M.  Peck,  Judge  Lockwood,  Daniel  P.  Cook,  JnrW 
Pope,  Gov  Edwards,  Morris  Birkbeck,  David  Black  well,  Hooper 
Warren,  Henry  Eddy,  Geo.  Forquer.  Geo.  Churchill  and  others. 

u  I  believe  the  most  influential  and  energetic  public  men  were 
on  the  side  of  the  convention,  but  the  opposition  was  better 
organized  and  trained  in  the  cause.  The  facts  and  arguments 
were  the  strongest  on  the  merits  of  the  subject  in  opposition  to 
slavery,  which  had  its  effect  in  such  long  discussions  before  the 
election.  The  question,  as  it  was  familiarly  called  at  the  time, 
united  the  various  denominations  of  religion  which  had  never 
before  acted  together.  The  opposition  to  the  convention  labored 
with  more  enthusiasm  and  devotedness  to  the  cause  than  the 
other  side,  and  organized  better  and  sooner.  The  opposition 
succeeded  by  1,800  votes  majority,  and  thus  ended  the  most 
important  and  the^  most  excited  election  that  was  ever  witnessed 
in  the  state." 

The  full  vote  stood  4,972  for  the  convention,  and  6,640  against 
the  convention,  showing  that  each  party  brought  out  its  full 
strength. 

The  victory  thus  nobly  won  was  not  for  Illinois  alone.  In 
Indiana  there  were  the  same  influences  at  work  to  make  that  a 
slave  state,  and  both  parties  there  watched  with  intense  interest 


THE    SLAVERY    CONFLICT.  97 

the  conflict  in  Illinois,  and  had  the  slave  power  succeeded  in 
Illinois,  it  would  undoubtedly  have  done  so  in  Indiana. 

The  Edwardsville  "Spectator,"  of  August  10,  thus  announces 
the  victory :  "  'Tis  done  !  The  long  agony  is  over !  and  Illinois 
still  reposes  in  the  arms  of  legitimate  freedom. 

"The  returns  of  the  election,  though  but  partially  received, 
show  that  the  friends  of  freedom  have  triumphed  by  a  decisive 
and  overwhelming  majority  over  the  friends  of  slavery — the 
disturbers  of  the  peace  of  the  state,  and  conspirators  against  the 
tranquillity  and  harmony  of  the  Union. 

"  Upon  this  event,  so  auspicious  to  our  future  prosperity  and 
happiness,  every  true  lover  of  his  country  will  rejoice.  The 
religious  and  moral  part  of  the  community  who  have  buffeted 
the  storm,  may  congratulate  themselves  upon  the  consummation 
and  happy  termination  of  their  benevolent  labors ;  and  they  will 
consider  themselves  as  amply  compensated  for  the  personal  vio- 
lence and  scurrilous  ravings  which  they  have  experienced  from 
the  pimps  of  an  aristocratic  junto." 

The  noise  of  the  conflict  has  long  since  died  away,  and  the 
actors  in  it  all  rest  from  their  labors,  but  a  grateful  people  should 
always  remember  that  freedom  in  Illinois  was  secured,  not  by 
the  ordinance  of  1787,  but  by  the  persistent  energy,  the  noble 
faith,  and  heroic  enthusiasm  of  our  honored  fathers  of  the 
present  century. 


CHAPTEE  XII. 

THE    CONSTITUTIONAL    CONVENTION    OF    1847. 

THE  reorganization  of  the  judiciary  did  not  prove  satisfac 
tory,  even  to  the  men  who  had  forced  the  measure  through 
the  general  assembly.  Judges  Ford  and  Douglas  soon  resigned. 
There  was  danger  of  a  political  squabble  over  every  new 
appointment.  The  Democrats  had  secured  a  majority  of  the 
judges,  but  the  obnoxious  features  of  the  old  constitution  still 
remained.  There  seemed  to  be  a  general  demand  for  a  conven- 
tion to  alter  and  amend  the  old  constitution.  The  Democratic 
leaders  and  papers  earnestly  advocated  this  measure,  as  they 
were  confident  of  such  a  majority  in  the  convention  as  would 
enable  them  to  frame  a  constitution  to  suit  themselves.  The 
Whigs  did  not  oppose  the  measure,  as  they  hoped  some  things 
would  be  made  better,  and  certainly  matters  could  not  be  made 
worse.  Thus,  the  call  for  a  convention  was  carried  by  a  very 
large  majority.  The  special  election  for  delegates  to  this  con- 
vention was  fixed  for  the  third  Monday  of  April,  184:7,  which 
convention  was  to  meet  in  Springfield  on  the  first  Monday  in 
June  following.  As  a  general  thing,  the  election  was  conducted 
on  strict  party  lines,  but  to  this  was  one  noteworthy  exception. 
Morgan  county  was  entitled  to  four  delegates,  and  Judge  Lock- 
wood's  standing  among  his  friends  and  neighbors,  irrespective  of 
party,  connected  with  his  eminent  fitness  for  the  position,  first 
suggested  his  nomination  by  a  popular  convention,  and  finally 
resulted  in  a  joint  convention  of  both  parties,  with  the  agree- 
ment that  each  party  should  name  two  of  the  delegates,  and 
thus  all  four  receive  the  full  vote  of  both  parties.  It  was  a 
plan  well  worthy  of  imitation.  Judge  Lock  wood  and  his  asso- 
ciates, Wm.  Thomas,  James  Dunlap  and  Newton  Cloud,  took 
their  seats  in  the  constitutional  convention  committed  to  no 
party  platform,  and  backed  by  the  whole  vote  of  Morgan 

98 


THE    CONSTITUTIONAL    CONVENTION.  99 

county.  These  facts  gave  them  a  pre-eminent  position.  Newton 
Cloud  was  elected  presiding  officer  of  the  convention,  and  the 
others  assigned  prominent  positions.  Judge  Lockwood's  long 
residence  in  the  state,  familiarity  with  all  its  institutions,  and 
eminent  official  service  in  various  departments,  made  him, 
perhaps,  the  most  influential  man  in  the  convention  in  all  mat- 
ters which  were  not  made  strictly  party  issues.  He  was  not  in 
favor  of  an  election  of  the  judges  by  the  people,  or  of  the  lim- 
ited term  of  office,  but  the  majority  against  him  was  too  large 
and  too  decided  for  any  opposition.  The  minutes  of  the  con- 
vention give  no  fair  representation  of  Judge  Lockwood's  work 
or  influence  in  it.  He  made  no  speeches,  took  little  part  in 
debates,  and  his  constant  practice  was  to  request  others  to  offer 
resolutions  drawn  up  by  himself  with  great  care.  He  was  chair- 
man of  the  committee  on  the  executive  department,  and  that 
branch  of  the  new  constitution  may  be  regarded  as  his  work.  In 
the  article  on  lieutenant  governor,  a  recurrence  of  the  "  Hubbard- 
Coles"  controversy  was  rendered  impossible,  by  limiting  the 
time  in  which  the  lieutenant  governor  could  hold  the  office  of 
governor. 

There  were  two  things,  which  the  Whigs  in  the  convention 
were  especially  anxious  to  accomplish.  First,  to  limit  the  right 
of  suffrage  to  citizenship;  the  other,  the  adoption  of  some 
article  in  the  constitution  that  would  save  the  state  from  the  dis- 
grace of  repudiation.  The  old  constitution  gave  the  right  of 
suffrage,  with  some  restrictions,  to  every  white  male  inhabitant, 
placing  aliens  and  native  born-citizens  on  the  same  footing. 
We  have  seen  that  it  was  an  apprehension  that  the  supreme 
court  would  in  some  way  limit  this  right  of  suffrage,  that  led  to 
the  reorganization  of  the  judiciary  of  the  state.  Now,  the  con- 
troversy was  transferred  to  the  convention,  where  each  party 
could  freely  show  its  hand,  and  make  an  honorable  fight. 
Practically,  the  contest  was  over  a  single  word,  the  substitution 
of  citizen  for  inhabitant.  Contrary  to  general  expectation,  the 
Whig  party  won  the  victory.  The  right  of  suffrage  was  limited 
to  native-born  and  naturalized  citizens.  This  was  the  first 
defeat  of  the  Democratic  party  in  our  state  history.  The 
second  point  referred  to,  related  to  the  payment  of  the  state 


100  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

indebtedness.  By  a  course  of  very  unwise  legislation  the  state 
had  been  burdened  with  a  large  debt,  on  which,  for  several 
years,  it  had  been  unable  to  pay  the  interest.  This  was  a  time 
of  general  financial  embarassment.  Governor  Ford  says : 
"  There  was  not  gold  and  silver  enough  in  the  state  to  pay  one 
year's  interest  on  its  indebtedness."  Moreover,  the  money  bor- 
rowed had  been  foolishly  squandered  in  wild  schemes  of  internal 
improvement,  of  really  110  benefit.  Under  these  circumstances, 
the  state  had  not  only  repudiated  its  debt,  by  failing  to  provide 
for  its  interest,  but  there  had  grown  up  in  the  state  quite  a  large 
party  in  favor  of  open  repudiation  of  the  whole  debt,  to  the  dis- 
grace of  the  state  and  the  ruin  of  its  credit. 

There  were  many  wise  and  good  men  in  the  convention  who 
realized  that  this  great  question  must  be  met  and  settled  here. 
The  following  article  was.  introduced  into  the  constitution : 
"There  shall  be  annually  assessed  and  collected  a  tax  of  two 
mills  upon  each  dollar's  worth  of  taxable  property  to  be  applied 
as  follows,  to  wit :  The  fund  so  created  shall  be  kept  separate, 
and  shall  annually,  on  the  first  day  of  January,  be  apportioned 
and  paid  over  pro  rata  upon  all  such  state  indebtedness,  other 
than  the  canal  and  school  indebtedness,  as  may,  for  that  pur- 
pose, be  presented  by  the  holders  of  the  same,  to  be  entered  as 
credits  upon,  and,  to  that  extent,  in  extinguishment  of  the  prin- 
cipal of  that  indebtedness." 

The  controversy  over  this  question  was  not  on  strict  party 
lines.  The  Whigs,  however,  were  with  scarcely  an  exception, 
in  favor  of  it,  and  it  was  finally  adopted  against  a  strong  oppo- 
sition, and  only  with  the  proviso  that  this  article  of  the  constitu- 
tion shall  by  itself  be  submitted  to  a  vote  of  the  people,  and  this 
popular  vote  may  be  taken  as  indicating  the  feeling  of  the  people 
on  this  matter.  It  stood  41,017  in  favor  of  the  provision,  to 
30,586  against  it.  This  action  of  the  convention,  thus  ratified 
by  the  popular  vote,  proved  the  redemption  of  the  state.  Repu- 
diation was  itself  repudiated,  and  the  credit  of  the  state  estab- 
lished on  such  a  basis  that  it  could  not  be  shaken.  To  this  measure 
Judge  Lockwood  gave  his  most  earnest,  untiring  support.  The 
idea  of  repudiation  was  a  shock  to  his  keen  sense  of  honor  and 
integrity,  and  his  efforts  were  in  the  most  efficient  direction ;  that 


THE    CONSTITUTIONAL    CONVENTION.  101 

was,  by  personal  influence  to  secure  the  votes  of  many  who  seemed 
doubtful  and  undecided.  "When  we  consider  his  high  standing 
in  all  parties,  the  confidence  he  had  won  among  all  classes,  and 
his  earnest  appreciation  of  the  condition  of  things,  we  may  know 
that  his  influence  was  great,  but  the  state  may  never  know  how 
much  it  was  indebted  to  him.  The  minutes  of  the  convention 
show  Judge  Lockwood's  connection  with  several  other  articles  of 
the  constitution.  Those  relating  to  gambling,  and  prohibiting 
lotteries,  and  the  sale  of  lottery  tickets,  originated  with  him; 
also  the  one  relating  to  land  sold  for  taxes,  with  reference  to 
which  we  here  quote  from  Stuve  and  Davidson:  "  Regarding  tax 
titles,  the  law  of  1839  was  one  of  peculiar  hardship,  rendering 
their  defeasance  most  difficult  by  throwing  the  onus  probandi 
as  to  any  irregularity  in  the  manner  of  acquring  them  upon  the 
real  owners  of  the  land.  A  deed  was  prima  facie  evidence  that 
the  land  was  subject  to  taxation  ;  that  the  taxes  were  unpaid ; 
that  the  lands  were  unredeemed  ;  that  it  had  been  legally  adver- 
tised ;  that  it  was  sold  for  taxes ;  that  the  grantee  was  the  pur- 
chaser ;  and  that  the  sale  was  conducted  in  the  manner  required 
by  law.  It  was  possible  for  a  man  to  lose  title  to  his  land, 
although  residing  on  it  and  having  paid  the  taxes.  All  this  was 
radically  changed  by  section  4,  article  9,  of  the  new  constitution, 
introduced  by  Judge  Lockwood,  the  requirements  of  which  the 
courts  have  construed  strictly,  and  it  may  well  be  inferred  that 
since  then,  not  many  tax  titles  have  stood  this  ordeal  of  the 
organic  law." 

This  review  of  the  convention  would  not  be  complete  without 
reference  to  one  feature  of  the  new  constitution,  which  is  worthy 
of  special  notice.  The  Christian  sentiment  of  the  country  has 
for  years  grieved  over  the  fact  that  there  is  no  mention  of  God 
in  our  national  constitution ;  that  in  the  fundamental  law  of  the 
land  there  is  no  recognition  of  the  Supreme  Lawgiver  of  the 
universe;  no  acknowledgment  of  dependence  upon  Him  who 
guides  in  the  affairs  of  men  and  nations.  We  are  accustomed  to 
regard  our  fathers  as  a  generation  of  devout,  God-fearing  men, 
and  can  account  for  this  omission  only  on  the  ground  of  inad- 
vertent oversight.  In  the  first  constitution  of  our  state  there  is 
the  same  omission,  but  not,  however,  to  be  explained  in  the  same 


102  LIFE    AND    TIMES    OF    HON.  SAMUEL   D.  LOCKWOOD. 

way.  The  matter  was  brought  directly  to  the  attention  of  the 
convention  of  1818  by  a  petition  from  a  religious  sect  called  Cov- 
enanters, asking  for  some  recognition  of  God  and  the  Christian 
religion  in  the  state  constitution.  The  petition  was  disregarded, 
and  the  Covenanters  refused  to  take  part  in  any  elections,  or  hold 
any  office  under  the  new  government.  This  resolution  they 
adhered  to  until  the  slavery  conflict  of  1824,  when  the  sect  gave 
its  solid  vote  for  freedom.  In  the  new  constitution  there  would 
have  been  the  same  omission,  but  for  the  interposition  of  one 
man.  The  minutes  of  the  convention  show  no  reference  to  the 
subject  until  near  the  close  of  its  session,  when  we  find  the  fol- 
lowing action :  "  On  motion  of  Mr.  Thomas,  the  preamble  was 
amended  by  substituting  for  it  the  following:  '  We,  the  people 
of  the  state  of  Illinois,  grateful  to  Almighty  God  for  the  civil, 
political  and  religious  liberty  which  He  has  so  long  permitted  us 
to  enjoy,  and  looking  to  him  for  a  blessing  upon  our  endeavors 
to  secure  and  transmit  the  same,  unimpaired,  to  succeeding  gene- 
rations, in  order  to  form  a  more  perfect  government,  establish 
justice,  insure  domestic  tranquillity,  provide  for  the  common 
defense,  promote  the  general  welfare,  and  to  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  constitution  for  the  state  of  Illinois.' ': 

This  was  Judge  William  Thomas  of  Jacksonville,  and  he  has 
repeatedly,  and  in  various  ways,  publicly  stated  that  this  amend- 
ment did  not  originate  with  him ;  that  he  simply  in  his  place,  as 
chairman  of  the  committee  on  final  revision,  offered  this  resolu- 
tion at  the  request  of  Judge  Lockwood.  In  a  letter  to  the 
writer  under  date  of  January  1,  1886,  he  gives  the  following 
particulars :  "  A  few  days  before  final  adjournment  of  the  Illi- 
nois Constitutional  Convention  of  1847,  Judge  Lockwood,  one 
of  the  delegates  from  the  county  of  Morgan,  called  on  me,  say- 
ing he  had  been  engaged  preparing  an  additional  section  to  be 
adopted  as  a  part  of  the  constitution,  and  he  desired  my  assist- 
ance in  securing  its  adoption.  Then  referring  to  the  dissatisfac- 
tion felt  by  various  Christian  sectg  with  the  old  constitution, 
because  there  was  no  recognition  of  God  in  it,  he  requested  me 
to  offer  at  the  proper  time,  the  following  amendment  to  the  pre- 
amble of  the  constitution."  (Here  follows  the  amendment- as 


THE    CONSTITUTIONAL    CONVENTION.  103 

given  above.)  And  Judge  Thomas  adds :  "  On  the  morning 
before  the  convention  adjourned,  I  moved  for  leave  to  offer  an 
additional  section,  to  which,  I  said.  I  know  there  will  be  no  objec- 
tion; leave  was  given,  and  I  read  the  section  and  put  the  ques_ 
tion  of  adoption,  and  it  was  adopted  without  a  dissenting  voice." 
Judge  Edward  P.  Kirby,  of  Jacksonville,  thus  writes  to  Judge 
Thomas  in  reference  to  this  matter :  "  I  have  looked  over  your 
reminiscences  of  Judge  Lockwood's  preamble  to  the  constitution 
of  1848,  and  think  it  ought  certainly  to  be  published.  I  have 
often  admired  both  its  spirit  and  mode  of  expression,  but  never 
knew  before  who  was  its  author." 


CHAPTEE  XIII. 

/ 

RETIREMENT  FROM  OFFICE. 

T  "TENDER  the  new  constitution  the  terms  of  office  for  the 
vJ  judges  expired  the  first  Monday  of  December,  1848,  and 
on  that  day,  Judge  Lockwood  retired  from  the  position  he  had 
filled  with  so  much  honor  to  himself  and  the  state  for  twenty- 
four  years.  He  had  been  urgently  solicited  by  prominent  men 
in  the  Whig  party,  and  many  others,  to  allow  his  name  to  be 
used  as  a  candidate  for  one  of  the  judgeships  under  the  new 
organization,  but  he  firmly  declined  all  such  proffered  honors. 
He  knew  the  contest  would  be  a  party  one,  carried  on  with  a 
good  deal  of  partisan  feeling.  He  was  constitutionally  averse  to 
everything  of  that  kind.  He  had  steadily  opposed  this  elec- 
tion of  judges  by  the  popular  vote,  and  aside  from  the  seeming 
inconsistency  of  taking  office  under  a  system  he  had  on  all 
occasions  opposed,  he  knew  this  fact  would  be  used  against  him 
and  the  party  with  which  he  was  affiliated.  There  was,  more- 
over, another  reason  of  a  private  nature,  perhaps  stronger  than 
all  the  others.  He  had  for  years  given  his  whole  time  to  his 
official  duties,  on  a  meager  salary,  which  with  strict  economy 
barely  covered  current  expenses,  and  the  necessities  of  his  family 
now  demanded  that  he  should  give  his  attention  to  his  own  pecu- 
niary affairs.  The  salaries  under  the  new  organization  were  no 
improvement  on  the  old,  and  were  unchangeably  fixed  while 
that  constitution  remained  in  force.  This  attempt  at  economy 
led  to  a  system  of  official  corruption  in  all  branches  of  the  gov- 
ernment which  forms  a  dark  picture  in  our  state  history.  Judge 
Lockwood,  with  many  others,  had  opposed  these  measures  in  the 
convention,  foreseeing  some  of  the  evils  that  would  result,  but 
the  mania  for  economy  was  irresistible. 

On  retiring  from  the  bench  Judge  Lockwood  received  from 
every  circuit  where  he  had  held  courts,  letters  of  appreciation 
and  regret,  of  which  we  here  give  a  few  samples. 

104 


RETIREMENT    FROM    OFFICE.  105 

HON.  SAM'L  D.  LOCKWOOD: 

Dear  Sir, — As  you  are  about  to  retire  from  the  bench,  we 
can  not  feel  satisfied  to  let  the  occasion  pass,  without  expressing 
the  cordial  sentiments  of  regard,  which  we  entertain  toward  you, 
in  consideration  of  the  intelligent,  impartial  and  satisfactory 
manner  in  which  you  have  discharged  your  arduous  duties. 
And  in  doing  this,  we  express  the  uniform  sentiment  of  the 
county  of  Scott ;  if  there  be  individual  exceptions,  it  is  on  the 
part  of  those  whose  good  opinion  can  not  be  gained  by  virtuous 
action. 

Those  of  us  who  are  members  of  the  Bar  owe  you  a  thousand 
acknowledgements  for  the  kind  manner  in  which,  in  the  infancy 
of  our  practice,  you  extended  to  us  the  hand  of  assistance,  and 
helped  us  along  the  path  so  rugged  to  the  young  practitioner  at 
the  Bar.  For  this  we  thank  you.  Our  best  wishes  will  attend 
you  through  life. 

We  take  this  private  method  of  addressing  you  as  we  presume 
it  will  be  more  grateful  to  your  feelings  than  any  public  demon, 
stration.  Respectfully  and  gratefully  yours, 

N".  M.  KNAPP. 

J.  H.  BERRY. 

L.  HARLAN. 

B.  EDMONSON. 

E.  B.  KIRBY. 
WINCHESTER,  OCT.  7,  1848.  H.  CASE. 

STATE  OF  ILLINOIS      )  ~ 

\  CIRCUIT  COURT. 
COUNTY  OF  JERSEY,    ) 

SEPTEMBER  TERM,  1848. 

At  a  meeting  of  the  Bar  and  officers  of  the  court,  held  upon  the 
13th  day  of  September,  of  the  present  term,  A.  W.  Cavarly, 
Chairman,  stated  the  object  of  the  meeting  to  be,  to  unite  in 
some  demonstration  of  respect  to  the  Hon.  Samuel  D.  Lockwood, 
the  present  judge  of  the  court,  whose  term  of  office  was  about  to 
expire  ;  whereupon  the  following  preamble  and  resolutions  were 
passed  unanimously : 

"  Whereas,  The  Honorable  Samuel  D.  Lockwood  will  shortly 
retire  from  the  station  which  he  has  so  long  and  eminently 
adorned  ;  therefore 


106  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

"RESOLVED,  That  the  members  of  the  Bar  cannot  let  the 
occasion  pass  without  expressing  their  profound  respect  for  the 
purity  of  his  life,  and  their  admiration  for  his  distinguished 
learning  and  talents  as  a  jurist. 

"  RESOLVED,  That  in  the  contemplated  retirement  of  Judge 
Lockwood  from  the  public  service  we  will  take  leave  of  him  with 
unfeigned  regret.  The  uniform  courtesy  and  urbanity  which  have 
ever  characterized  his  intercourse  with  the  Bar  and  the  people, 
his  learning,  dignity,  impartiality  and  strict  honesty  as  a  judge, 
have  endeared  him  to  us  all ;  and  in  bidding  him  farewell,  we 
tender  to  him  the  ardent  wishes  of  our  hearts,  that  his  future 
days  to  a  good  old  age  may  be  unclouded  and  serene. 

"  RESOLVED,  That  whilst  the  memory  of  the  pleasant  intercourse 
betwixt  Judge  Lockwood  and  the  Bar  of  the  Circuit  Court  must, 
in  a  great  measure,  pass  away  with  the  lives  of  its  members,  we 
rejoice  that  opinions  delivered  by  Judge  Lockwood  as  a  justice 
of  the  Supreme  Court,  of  which  he  has  long  been  a  distinguished 
member,  constitute  a  monument  to  his  ability  and  learning  as  a 
judge,  upon  which  the  Bar  of  Illinois  will  ever  look  with 
respect  and  admiration. 

"  RESOLVED,  That  these  proceedings  be  signed  by  the  chair- 
man and  secretary,  and  a  copy  of  the  same  be  presented  to 
Judge  Lockwood,  and  a  like  copy  to  the  court,  with  a  request 
that  they  be  spread  upon  the  record,  and  that  they  be  published 
in  the  different  newspapers  of  the  Circuit." 

A.  W.  CAVARLY,  Chairman. 

W.  K.  TITCOMB,  Serfy. 

At  a  meeting  of  the  Members  of  the  Bar  practicing  in  the 
Menard  Circuit  Court,  held  at  the  Court  House  in  Petersburg,  on 
Wednesday,  Oct.  25,  1848,  A.  Lincoln  was  caileu  to  the  chair. 
Thomas  L.  Harris,  Kir-hard  Yates  and  John  T.  Stuart  were 
appointed  a  committee  to  draft  and.  report  reflations  expressive 
of  the  sense  entertained  by  the  Bar,  of  the  character  and  services 
of  His  Honor,  Samuel  D.  Lockwood,  the  presiding  Judge  of  this 
Court,  and  the  following  preamble  and  resolutions  were  reported 
by  them  and  unanimously  adopted. 

"  Whereas,  The  members  of  the  Illinois  Bar  practicing  in  the 
Menard  Circuit  Court,  have  become  apprised  that  the  Hon. 


RETIREMENT    FROM    OFFICE.  107 

Samuel  D.  Lock  wood,  the  presiding  Judge  in  said  Court,  is 
about  to  retire  from  the  bench,  which  he  has  graced  and  adorned 
for  nearly  a  quarter  of  a  century;  and  being  anxious  of  giving 
expression  to  the  sentiments  which  they  entertain  of  his  character 
and  eminent  judicial  services,  therefore 

"  RESOLVED,  That  it  is  no  vain  adulation  when  we  declare  that,  in 
the  Honorable  Samuel  D.  Lockwood,  we  have  a  citizen  of  dis- 
tinguished talents,  who  has  rendered  important  service  to  the 
public,  as  Attorney  General,  as  a  Judge  of  the  Supreme  and 
Circuit  Courts,  and  as  a  member  of  the  convention  that  formed 
the  present  constitution  of  the  State  of  Illinois. 

"  RESOLVED,  That  the  judicial  bearing  and  ability  with  which  the 
course  of  His  Honor,  Judge  Lockwood,  has  been  marked,  which 
characterize  his  decisions  upon  the  circuit,  and  which  stand  out 
as  ornaments,  on  the  pages  of  our  reports,  no  less  than  his  urban- 
ity and  kindness  to  the  Bar,  and  the  virtues  and  integrity  of 
his  private  life,  entitle  him  to  our  highest  deference  and  regard. 

"  RESOLVED,  That  His  Honor  Samuel  D.  Lockwood,  have  our 
best  wishes  for  his  health  and  happiness,  and  hope  that  he  will 
live  many  years  to  witness  the  growth  and  prosperity  of  our  noble 
state,  for  which  he  has  labored  so  long  and  faithfully. 

"  RESOLVED,  That  a  copy  of  the  proceedings  of  this  meeting, 
signed  by  the  chairman  and  secretaries,  be  forwarded  to  His 
Honor,  Judge  Lockwood." 

Other  communications  to  the  same  purport  might  be  added, 
but  these  are  sufficient  to  show  in  what  esteem  he  was  held  by 
the  bench  and  bar  of  the  state. 

This  is  the  proper  place  to  refer  to  one  other  effort  made  by 
Judge  Lockwood's  friends  to  secure  for  him  a  judicial  appoint- 
ment. In  1850  Nathaniel  Pope  died,  thus  leaving  vacant  the 
federal  judgeship,  which  he  had  filled  since  the  organization  of 
the  state.  This  was  under  President  Taylor's  administration,  and 
it  was  certain  that  the  vacancy  would  be  filled  by  the  appoint- 
ment of  a  Whig.  Judge  Lockwood's  qualifications  and  eminent 
fitness  for  the  office  at  once  suggested  his  name.  But  he  did  not 
receive  the  appointment,  for  reasons  which  are  made  apparent 
from  the  following  quotations  from  various  letters  addressed  to 
him  at  the  time. 


108  LIFE    AND   TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

SPRINGFIELD,  January  22,  1850. 
JUDGE  LOCKWOOD  : 

Dear  Sir, — You  will  receive  a  telegraphic  despatch  in  the 
morning  advising  you  of  the  death  of  Judge  Pope,  and  of  my 
taking  steps  to  place  your  name  before  the  President  to  be 
appointed  judge.  I  have  telegraphed  W.  H.  Brown  of  Chicago, 
have  written  to  Mr.  Underwood  of  Kentucky,  and  Douglas  of  the 
senate,  Judge  McLean,  and  to  Williams  of  Quincy.  The  news 
reached  here  since  dark,  and  I  can  not  see  any  of  the  lawyers  of 
this  place.  What  they  will  say  I  do  not  know.  I  will  write 
Woodson  and  Col.  Ross  and  ask  them  to  have  recommendations 
signed  and  forwarded  to  me. 

I  know  not  what  you  will  say  to  ,this  procedure,  but  if  you 
decline  having  your  name  used  in  the  matter,  no  harm  will  result 
from  what  I  do.  Your  friend, 

WM.  THOMAS. 

CARROLTON,  Jan'y  25,  1850. 
HON.  SAM'L  D.  LOCKWOOD  : 

Dear  Sir, — Having  seen  it  stated  in  the  papers  that  Judge 
Pope  is  dead,  I  write  to  you  to  ask  if  it  would  be  agreeable  to 
your  feelings  and  suit  your  convenience  to  receive  the  appoint- 
ment to  fill  the  vacancy.  It  would  afford  me  much  pleasure  to 
render  you  any  service  in  the  matter.  Your  numerous  friends 
here,  with  one  accord,  agree  in  desiring  that  you  might  fill  the 
office.  I  do  not  know  in  what  way  I  can  best  aid  you  in ,  the 
matter,  but  rely  on  me  in  whatever  mode  you  may  suggest. 
Please  let  me  hear  from  you. 

Sincerely  yours,  etc., 

D.  M.  WOODSON. 

CHICAGO,  Jan.  25,  1850. 
DEAR  LOCKWOOD  : 

Day  before  yesterday  I  rec'd  Wm. Thomas's  despatch  announc- 
ing the  death  of  Judge  Pope. 

I  have  since  been  at  work  and  secured  for  you  the  Chicago 
strength,  viz.:  Scammon,  Morris,  G.  Goodrich  and  others.  I  have 
written  to  Seward,  and  I  will  write  to  J,  A.  Eockwell  and  Major 
Hunter. 


BETIKEMENT  FROM  OFFICE.  109 

Scammon  wanted  the  office,  but  would  not  move  in  opposition 
to  you.  He  says  you  will  obtain  the  appointment. 

Truly  yours, 

W.  H.  BROWN. 

WASHINGTON,  Jan'y  23,  1850. 
MY  DEAR  SIR  : 

I  have  heard  with  extreme  regret  of  the  death  of  our  esteemed 
friend,  Judge  Pope.  I  have  never  felt  deeper  sorrow  at  the 
death  of  any  man  who  was  not  connected  with  me  by  the  ties  of 
blood. 

I  received  a  despatch  from  Judge  Thomas  stating  that  you 
would  be  recommended  as  his  successor,  and  requesting  that  Gen. 
Shields  and  myself  would  not  commit  ourselves  upon  the  subject 
until  it  should  be  received. 

I  do  not  know  that  I  can  exercise  any  influence  in  the  choice 
of  a  successor,  but  I  think  it  is  a  cause  in  which  I  have  a  right  to 
be  heard,  as  the  appointment  is  not  a  political  one  and  is  not 
limited  in  its  duration  to  the  term  of  this  administration.  I 
have  determined  upon  presenting  your  name  for  the  appoint- 
ment, and  Gen.  Shields  and  Col.  Bissell  do  not  hesitate  to 
indorse  this  opinion  in  your  favor.  I  have  not  seen  the  other 
members  of  our  delegation  since  the  sad  news  arrived,  but  will 
see  them  in  the  morning.  1  have  seen  the  Hon.  Reverdy  John- 
son (Attorney  General),  and  find  that  he  is  familiar  with  your 
opinions  and  your  reputation  as  a  judge,  and  he  did  not  hesitate 
to  express  his  preference  for  your  appointment,  and  said  that  he 
should  urge  it  upon  the  Cabinet. 

I  have  thought  it  was  due  to  say  this  much  to  you.  I  will 
advise  you  farther  upon  the  subject  soon. 

I  have  the  honor  to  remain, 

Yery  truly  your  friend, 

S.  A.  DOUGLAS. 

HON.  SAMUEL  D.  LOCKWOOD. 

WASHINGTON,  Feb'y  4,  1850. 
MY  DEAR  SIR  : 

You  have  doubtless  heard  by  telegraph  of  the  appointment  of 
Mr.  Drummond,  of  Galena,  to  the  vacant  judgeship.  I  need  not 
say  to  you  that  I  am  mortified  and  disappointed  at  the  result.  Col. 


110  LIFE    AND    TIMES    OF    HON.  SAMUEL   D.  LOCKWOOD. 

Baker  claims  the  entire  credit  of  the  appointment,  and  I  presume 
he  is  entitled  to  it.  Mr.  Butterfield  recommended  Joseph  Gil- 
lespie  of  Madison  County,  while  Gen.  Shields,  Col.  Bissell,  Col. 
Richardson,  Major  Harris  and  myself  were  for  you.  I  had  seen 
two  members  of  the  Cabinet  upon  the  subject,  and  Judge  Under- 
wood of  Kentucky  saw  the  President  in  your  behalf,  when  we 
were  told  that  no  appointment  would  be  made  until  there  was 
time  to  hear  from  all  parts  of  our  state.  Under  this  opinion  we 
rested  satisfied  until  to  our  surprise  a  nomination  was  sent  to  the 
senate  without  the  slightest  intimation  that  the  name  of  Mr. 
Drummond  was  spoken  of  for  the  place.  We  will  have  action 
on  the  nomination  postponed  to  give  time  to  hear  from  home, 
but  I  presume  it  will  eventually  be  confirmed.  I  must  adhere 
to  my  opinion  that  if  time  had  been  given  for  a  fair  expression 
of  public  opinion  that  you  would  have  received  the  appointment. 

I  have  the  honor  to  be, 

Yery  respectfully/  your  friend, 

S.  A.  DOUGLAS. 

HON.  S.  D.  LOCKWOOD. 

Judge  Lockwood  did  not  take  any  active  part  in  the  effort  to 
secure  the  vacant  judgeship.  Many  things  connected  with  it 
were  distasteful  to  him,  especially  the  haste  and  importunity 
deemed  necessary  to  secure  a  favorable  result. 


CHAPTEE  XIY. 

ILLINOIS    CENTRAL    RAILROAD. 

"FUDGE  LOCKWOOD  was  not  allowed  to  remain  long  in 
*J  retirement,  as  his  services  were  soon  needed  in  a  new 
position  of  great  responsibility  and  trust. 

In  September,  1850,  the  United  States  made  to  the  state  of 
Illinois  a  magnificent  grant  of  lands,  nearly  3,000,000  acres,  to 
secure  the  construction  of  the  Illinois  Central  Railroad,  and  in 
the  following  spring  the  general  assembly  accepted  the  grant 
with  the  conditions  thereto  attached,  and  in  furtherance  of  the 
grand  scheme  passed  an  act  incorporating  the  Illinois  Central 
Railroad  Company.  Fortunately  for  all  parties  interested,  this 
company  was  composed  of  men  in  New  York  and  Boston,  of 
well  established  reputation  in  financial  and  railroad  enterprises, 
whose  names  were  a  guarantee  of  success.  There  was  great 
danger  that  the  magnificent  grant  might  be  squandered  in  fruit- 
less undertakings  under  the  management  of  corrupt  politicians 
and  visionary  speculators.  The  whole  matter  was  in  the  hands 
of  the  general  assembly,  a  body  which  had  heretofore  been 
largely  controlled  for  partisan  purposes  by  ambitious  and  avari- 
cious political  leaders.  Such  men  saw  in  this  new  enterprise 
a  grand  opening  for  patronage  and  plunder.  There  seemed  to 
be  a  pretty  general  understanding  that  the  state  would  take 
upon  itself  the  management  of  the  whole  business,  in  all  its 
details,  and  of  course  there  would  be  a  vast  number  of  lucrative 
offices  to  be  filled,  and  rich  contracts  to  be  let.  These  things 
brought  to  the  seat  of  government  a  crowd  of  hungry  aspirants 
for  honors  and  emoluments.  The  state,  however,  was  not 
a  stranger  to  such  enterprises,  and  its  sad  experience,  in 
such  schemes  of  internal  improvement,  with  its  heavy  burden 
of  debt  and  threatened  bankruptcy,  proved  in  this  crisis  a  most 
beneficial  teacher.  "Wise  and  prudent  counsel  prevailed  in  the 

in 


112  LIFE    AND    TIMES   OF    HON.  SAMUEL    D.  LOCK  WOOD. 

general  assembly,  as  evinced  in  the  act  of  incorporation  before 
referred  to,  and  under  which  the  enterprise  was  perfected  with 
most  beneficial  results,  not  only  to  the  state  and  railroad  com- 
pany, but  to  the  whole  country. 

There  was  a  good  deal  of  hard  fighting  over  several  import- 
ant questions.  All  the  rights  of  the  state  must  be  secured,  and 
a  speedy  construction  of  the  road  was  demanded  on  all  sides,, 
and  in  some  way  the  lands  must  be  made  available  as  security 
for  raising  the  necessary  funds.  The  railroad  company  was 
ready  to  grant  all  needed  concessions  to  secure  the  state  in  all  it& 
interests,  but  it  positively  insisted  that  it  should  have  entire 
control  of  its  own  business  affairs,  should  appoint  its  own  officers 
and  control  its  own  operations. 

To  secure  the  rights  of  all  parties,  the  following  plan  was 
adopted:  The  state  would  convey  in  fee  to  the  railroad  com- 
pany, the  lands  granted  by  the  United  States,  and  the  company 
should  at  the  same  time  convey  all  these  lands,  and  all  their 
other  property,  in  trust  to  three  trustees  to  be  held  by  them, 
— first,  to  secure  the  state  in  all  its  interests  ;  second,  to  secure 
the  payment  of  bonds  issued  by  them  to  procure  the  funds 
needed  for  the  construction  of  the  road,  and  third,  to  protect 
the  rights  of  all  other  parties  interested.  The  success  of  the 
plan  depended  upon  the  selection  of  trustees  of  such  established 
standing  and  reputation  as  would  inspire  confidence  at  home 
and  abroad.  Over  the  appointment  of  these  trustees  there  was 
much  controversy.  What  the  assembly  would  have  done  if  left 
to  itself  can  not  be  known ;  but  the  representatives  of  the  com- 
pany to  be  incorporated  insisted  that  the  trustees  should  be 
named  in  the  act,  and  that  the  company  should  select  one  of  the 
three.  These  points  being  granted,  the  controversy  was  nar- 
rowed down  to  the  selection  of  the  two  remaining  trustees.  The 
democratic  party  had  a  majority  in  both  branches  of  the  general 
assembly,  and  a  strong  partisan  feeling  was  manifested ;  not 
strong  enough,  however,  to  overcome  the  influence  of  wiser  and 
better  men,  who  insisted  that  the  matter  must  be  taken  out  of 
politics,  and  men  selected  in  every  way  worthy  of  trust.  This 
principle  was  accepted  with  the  general  understanding  that 
Judge  Lockwood  would  receive  one  of  the  appointments,  and 


ILLINOIS    CENTRAL    KAILKOAD. 

John  Moore,  late  state  treaaurer,  the  other.  The  representatives 
of  the  railroad  company  named  Morris  Ketchum,  of  New  Yorkr 
and  these  three  names  were  inserted  in  the  act  of  incorporation. 
Thus  all  differences  were  harmonized,  and  the  enterprise  started 
on  a  basis  that  insured  its  success. 

As  the  land  department  of  the  railroad  company  was  located 
at  Chicago,  it  became  necessary  for  one  of  the  trustees  to  reside 
at,  or  near  that  city.  As  neither  of  the  other  trustees  could  do 
this.  Judge  Lockwood  accepted  the  position,  and  in  the  spring 
of  1853  removed  to  Batavia,  a  village  on  Fox  river,  thirty-six 
miles  west  of  the  city,  and  from  that  time  till  his  death,  gave  his 
care  and  attention  to  the  details  of  the  trusteeship. 

He  was  in  many  respects,  practically,  the  sole  trustee.  The 
other  trustees  signed  deeds  of  conveyance,  and  other  papers  of 
great  importance  to  be  filled  out  under  Judge  Lockwood's  in- 
spection, and  rendered  complete  under  his  signature.  Under 
carefully  worded  restrictions,  the  trustees  were  authorized  to  sell 
and  convey  to  actual  purchasers  these  lands  from  time  to  time,, 
and  to  apply  the  proceeds  as  directed,  and  the  responsible  work 
of  seeing  that  these  restrictions  were  observed,  and  conditions 
strictly  complied  with,  was,  so  far  as  the  trustees  were  concerned, 
left  almost  entirely  to  Judge  Lockwood. 

The  Act  of  Incorporation  required  as  follows :  "  The  lands 
shall  be  sold  for  cash  in  hand,  or  the  bonds  of  said  company  at 
par.  All  bonds  received  on  such  sales  shall  be  cancelled  by  said 
trustees  and  delivered  to  said  company.  The  trustees  shall  in- 
vest all  money  received  on  such  sales  in  the  bonds  of  the  com- 
pany, which  shall  be  in  like  manner  cancelled  and  returned.  On 
cancelling  said  bonds,  and  before  returning  them  to  said  com- 
pany, said  trustee  shall  make  a  brief  memorandum  on  each 
bond,  specifying  for  or  on  what  particular  tract  or  tracts  of  land 
the  same  was  received."  Corresponding  entries  were  also  made 
on  the  deeds  of  conveyance,  showing  how  the  money  received 
for  each  tract  of  land  was  applied,  indicating  the  particular  bond 
that  was  thereby  in  whole,  or  in  part,  paid  and  cancelled.  The 
amount  of  careful  work  and  inspection  required,  can  be  known 
only  to  those  who  are  familiar  with  such  business.  The  clerical 
work  was  done  by  employees  of  the  railroad  company,  but  the 


114:  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

careful  inspection  of  this  work  devolved  upon  Judge  Lockwood. 
There  was  always  the  most  cordial  relation  between  him  and  the 
officers  of  the  company. 

Mr.  P.  Daggy  was  first  secretary  of  the  land  department, 
and  soon  after  appointed  clerk  of  ^  the  trustees,  and  in  1871  was 
made  land  commissioner,  which  position  he  now  holds,  and  he 
gives  in  the  following  letter  his  impressions  of  Judge  Lockwood  : 

LAND  DEPARTMENT  ILLINOIS  CENTRAL  RAILROAD  COMPANY. 

CHICAGO,  February  26,  1887. 
WILLIAM  COFFIN,  ESQ.,  Batavia,  111. 

Dear  Sir : — It  affords  me  great  pleasure  to  respond  to  your 
request  of  yesterday,  to  furnish  a  statement  of  the  connection  of 
the  Hon.  Samuel  D.  Lockwood  with  the  Illinois  Central  Kail- 
road, f  as  one  of  its  highly  respected  trustees.  On  the  17th  of 
December,  1855,1  became  connected  with  the  land  department 
of  this  road,  and  in  less  than  thirty  days  afterwards  Judge  Lock- 
wood,  with  the  Hon.  John  Moore,  one  of  his  co-trustees,  paid 
the  office  an  official  visit.  They  both  received  the  prompt  atten- 
tion of  the  officers  and  employees  then  engaged  in  this  depart- 
ment. I  was  most  favorably  impressed  with  the  appearance  and 
gentlemanly  conduct  of  Judge  Lockwood,  and  took  especial  pains 
to  show  him  the  various  details  of  the  business  of  the  office.  He 
expressed  himself  as  highly  gratified  for  the  information  given 
him,  and  in  fact  stated  that  he  had  received  more  information 
in  that  one  day  than  he  had  been  able  to  obtain  in  a  whole  year 
previously.  He  informed  me  that  he  had  partially  arranged  to 
remove  to  Chicago,  and  take  charge  of  the  land  department  in 
person.  But  after  our  full  examination  of  the  affairs  of  the 
department  he  was  so  well  pleased  that  he  abandoned  the  idea  of 
leaving  Batavia:  This  of  course  established  between  us  the  most 
confidential  relations,  which  continued  to  the  day  of  his  death. 

He  paid  this  department  an  official  visit  regularly  once  each 
month,  to  sign  deeds,  up  to  within  a  few  months  of  his  death, 
during  which  time,'  I  was  informed,  he  was  confined  to  his  house. 
For  several  months  at  first,  he  preferred  to  compare  all  deeds 
with  the  contracts  and  records,  before  [signing  them.  But  we 
had  taken  the  precaution  to  compare  them  carefully  before  his 
arrival,  so  that  he  never  discovered  any  of  our  errors.  Hence  he 


ILLINOIS    CENTRAL    RAILROAD.  115 

remarked  that  we  had  the  faculty  of  hiding  our  mistakes  so 
carefully  that  he  thought  it  was  labor  lost  for  him  to  make  any 
further  comparisons ;  but  jocularly  observed  that  he  would  hold 
me  individually  responsible  for  all  errors. 

When  we  first  became  acquainted,  in  January,  1856,  Judge 
Lock  wood,  who  was  then  quite  an  old  gentleman,  was  remarka- 
bly sprightly  and  active.  And  he  seemed  to  continue  so  for  a 
number  of  years.  But  some  few  years  before  his  death,  he  com- 
menced gradually  failing  in  strength.  So  much  so,  that  after 
signing  from  fifty  to  one  hundred  deeds  he  would  recline  upon  a 
sofa  and  rest,  then  arise  and  sign  as  many  more,  take  another 
rest,  and  so  on-  until  all  were  signed. 

Although  his  physical  strength  failed  quite  perceptibly,  his 
mind  seemed  to  remain  quite  clear,  up  to  his  very  last  visit. 
"Without  the  slightest  intention  to  flattery,  I  honestly  think  he 
was  the  most  conscientiously  honest  and  upright  gentleman  with 
whom  I  ever  had  the  pleasure  of  an  acquaintance.  And  if  he 
had  any  faults,  I  must  say  the  same  as  he  said  about  my  errors : 
he  had  the  faculty  of  hiding  them  so  carefully  that  no  one  ever 
perceived  them.  Our  official  and  social  relations  continued  for 
nearly  eighteen  years,  and  not  one  unkind  word  ever  passed 
between  us.  There  was  no  complaint  or  fault-finding  of  any 
kind,  or  character  whatever.  He  was  just  as  affable  and  kind  to 
•our  messenger  boy  or  the  humblest  clerk  we  had,  as  he  was  to 
the  President  of  the  road.  He  treated  every  one  as  one  gentle- 
man should  treat  another,  and  every  one  connected  with  this 
department  loved  and  respected  him,  the  same  as  a  father. 

I  respectfully  subscribe  myself 

Your  friend  and  obedient  servant, 

P.  DAGGY,  Land  Commissioner. 

It  was  a  great  satisfaction  to  Judge  Lockwood  in  the  last  years 
of  his  life,  that  he  had  lived  to  see  the  conditions  of  this  trust 
fully  maintained.  The  road  had  been  built  and  fully  equipped 
according  to  stipulation,  and  the  state  and  nation  were  receiving 
rich  benefits  from  it.  The  original  bonds  issued  by  the  trustees 
were  already  largely  taken  up  and  cancelled,  and  there  were 
funds  on  hand  to  meet  the  few  outstanding,  and  for  all  parties 
interested  the  enterprise  had  proved  a  grand  success. 


CHAPTEK  XY. 

JUDGE    LOCKWOOD    IN    CONNECTION   WITH    THE    EDUCATIONAL    AND 
CHARITABLE    INSTITUTIONS    OF    THE    STATE. 

~TT\  STIMATED  by  the  importance  and  the  beneficial  results 
J-^  to  the  people  of  the  state,  this  should  be  the  longest  and 
most  interesting  chapter  in  this  sketch,  but  unfortunately  the 
details  of  such  work  are  not  matters  of  history,  and  the  result 
can  only  be  indicated  by  general  statements. 

In  the  first  ten  years  of  our  state  history,  if  we  may  judge 
from  the  public  records,  very  little  attention  was  given  to  educa- 
tional or  charitable  institutions.  A  large  majority  of  the  people 
was  decidedly  opposed,  both  to  free  schools  and  endowed  institu- 
tions of  learning.  The  general  government  had,  by  generous 
grants  of  land,  provided  for  the  establishment  of  both  of  these ; 
but,  strange  as  it  may  seem,  the  people  were  unwilling  to  accept 
or  improve  the  offered  benefit.  Three  per  cent,  of  the  income 
from  the  sale  of  lands  was  given  to  the  state  for  educational 
purposes;  but  the  general  assembly  loaned  these  funds  to  the 
state  to  meet  general  expenses,  or  to  be  squandered  in  wild 
schemes  of  internal  improvement.  One  section  of  land  in  every 
township  was  set  apart  for  the  support  of  common  schools,  but 
with  very  few  exceptions  these  lands  were  sold  at  a  very  low 
price,  and  the  funds  used  up  in  a  very  few  years.  People  seemed 
to  be  more  afraid  of  taxes  than  anything  else,  and  every  proposi- 
tibn  for  the  establishment  of  a  free  school  system,  which  involved 
taxation,  was  at  once  voted  down  as  a  Yankee  enterprise.  At 
one  time  for  a  very  brief  period  a  better  spirit  prevailed.  The 
vigorous  effort  to  secure  the  state  from  slavery,  and  the  grand 
success  of  that  effort,  was  an  inspiration  to  good  men,  and  bore 
good  fruit  in  other  directions. 

The  next  general  assembly  was  to  a  considerable  extent  con- 
trolled by  anti-slavery  men,  and  Yankee  ideas  were,  for  the  hour,. 

116 


EDUCATIONAL    AND    CHARITABLE    INSTITUTIONS.  117 

ascendant.  As  we  have  seen,  the  judiciary  was  established  on  a 
liberal  basis,  which  gave  the  supreme  judges  time  to  introduce 
necessary  reforms  in  legal  practice. 

Wise  measures  were  passed  for  the  improvement  of  the  public 
highways,  and  a  public  school  system  was  adopted,  which  seemed 
to  indicate  a  wonderful  advance  in  public  sentiment.  Gov. 
Coles  had,  in  his  message,  earnestly  recommended  such  action, 
and  Joseph  Duncan,  afterwards  governor,  secured  for  himself  a 
high  reputation,  sustained  through  subsequent  years  of  faithful 
public  service,  by  the  introduction  of  the  bill  establishing  this 
school  system,  and  by  a  speech  of  remarkable  force  and  eloquence 
in  its  support.  These  measures,  however,  were  in  advance  of  the 
times,  and  a  decided  reaction  was  shown  at  the  next  election. 

The  general  assembly  elected  in  1826  has  the  reputation  of 
being  the  worst  ever  assembled  at  the  state  capitol.  It  repealed 
or  rendered  inoperative  all  the  good  work  of  its  predecessor. 
Thus,  by  the  provision  that  no  person  should  be  taxed  for  the 
support  of  public  schools  without  his  written  consent,  all  life  was 
taken  out  of  the  school  system,  and  it  remained  a  corpse  till 
1855,  when  our  present  efficient  school  law  was  enacted,  which 
was  in  fact  but  little  more  than  a  re-enactment  of  the  Duncan 
Bill  of  1825. 

With  the  public  sentiment  against  common  schools  it  was,  of 

-IT  O 

course,  useless  to  attempt  any  legislation  in  favor  of  higher  insti- 
tutions. From  these  statements,  however,  it  must  not  be  inferred 
that  the  cause  of  education  was  wholly  neglected.  A  great  deal 
was  done  in  the  wray  of  local  schools  and  private  academies,  and 
there  were  men  who  contributed  liberally  to  these  who  would  not 
consent  to  be  taxed  a  single  dollar  for  the  same  cause.  There 
were  many  eminent  men  in  the  state  who  labored  earnestly  to 
secure  the  establishment  of  an  academy  of  high  grade  which 
might  develop  into  a  college  or  university.  Such  men  as  Gover- 
nors Coles  and  Edwards,  Judges  Pope  and  Lockwood,  Messrs. 
Thos.  Mather,  Dennis  Kockwell,  Dr.  John  Todd,  Thos.  Lippin- 
cott,  and  Rev.  J.  M.  Ellis,  one  of  the  first  home  missionaries  sent 
to  Illinois,  were  persistent  in  their  efforts  in  this  direction.  The 
Presbytery  of  St.  Louis,  then  including  Missouri  and  Illinois, 
under  the  leadership  of  Rev.  Salmon  Giddings,  the  first  pastor  of 


118  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

the  First  Presbyterian  Church  of  St.  Louis,  took  early  action  in 
this  matter,  and  would  have  succeeded  in  the  establishment  of 
such"  an  institution  had  not  a  few  men  insisted  that  the  institution 
should  be  located  in  St.  Louis,  while  it  was  admitted  that  its  sup- 
port must  come  largely  from  "Illinois  ;  and  in  subsequent  years 
this  inability  to  agree  on  a  location  stood  in  the  way  of  all  effi- 
cient action.  In  all  these  transactions  Judge  Lockwood  took  a 
prominent  part,  and  his  influence  finally  secured  harmony  of 
action,  which  resulted  in  the  establishment  of  the  first, college  in 
the  state. 

The  plan  adopted  was  to  organize  a  board  of  trustees  empow- 
ered to  raise  funds  for  the  endowment  of 'a  college,  to  be  located 
wherever  said  trustees  should  determine.  It  was  understood 
from  the  outset  that  Judge  Lockwood  would  be  president  of  this 
board,  and  the  general  confidence  reposed  in  him  conduced  as 
much  as  anything  else  to  the  success  of  the  plan.  Liberal 
pledges  were  secured,  some  unconditional,  and  some,  as  to 
amounts,  conditioned  on  the  location  of  the  institution. 

The  original  document,  drawn  up  by  Judge  Lockwood  and  the 
Rev.  J.  M.  Ellis,  is  here  given  as  an  interesting  item  in  our 
state  history,  not  found  in  any  published  records. 

OUTLINE    OF    A    PLAN    FOE    THE    INSTITUTION    OF   A  SEMINAEY  IN  THE 
STATE    OF    ILLINOIS. 

The  property  of  the  Seminary,  procured  by  contribution,  sub- 
scription, or  otherwise,  shall  be  divided  into  shares  of  ten  dollars 
each.  Each  subscriber  or  contributor  to  the  amount  of  ten 
dollars,  shall  be  a  Stockholder ;  and  the  shares  shall  be  trans- 
ferable under  such  regulations  as  shall  be  adopted  by  the  Trus- 
tees or  Stockholders.  Each  share  in  the  stock  shall  entitle  its 
possessor  to  vote  for  Trustees.  Voting  by  proxy  shall  be  per- 
mitted under  suitable  regulations.  The  Trustees  shall  have  the 
location  and  direction  of  the  Seminary,  and  the  selection  of 
Professors  or  Instructors,  except  in  the  case  hereinafter  specified. 
— The  foregoing  outline  may  be  filled  up,  and  the  plan  brought 
more  into  detail ;  but  the  principles  may  not  be  varied. 
Plan  of  Education. 

First.  An  English  Department ;  in  which  young  men  shall 
receive  an  education  preparatory  to  the  various  duties  and 


EDUCATIONAL    AND    CHARITABLE    INSTITUTIONS.  119 

business  of  active  life.  Whenever  the  intended  pursuit  of  the 
scholar  is  known,  special  regard  will  be  had  to  that  object.  In 
this  department  the  English  -  Language  will  receive  particular 
attention  ; — Reading,  Writing,  Composition,  and  Public  Speak- 
ing ;  with  Geography  and  History,  especially  that  of  our  own 
country.  Political  Economy  shall  be  taught,  so  far  at  least  as  to 
exhibit  the  outlines  of  the  science  of  Government,  and  to  make 
the  student  familiar  with  the  principles  and  blessings  of  free 
Institutions  ;  and  of  the  American  Constitution  in  particular. 

Second.  The  second  Department,  in  which  the  Ancient 
Classics  and  higher  branches  of  Education  will  be  taught,  shall 
be  formed  after  the  model  of  the  Academies  and  Colleges  in  our 
country ;  so  as  to  prepare  students  to  be  received  into  any  of  the 
Colleges  of  the  United  States.  This  will  of  itself  be  the  best 
pledge  that  can  be  given,  both  at  home  and  abroad,  that  the 
instruction  is  conducted  on  the  most  approved  and  liberal  sys- 
tem. And  as  the  Institution  rises,  from  year  to  year,  the  students 
shall  be  fitted  for  admission  to  advanced  standing  in  any  of  those 
Colleges,  i.  e.  into  the  second,  third,  or  fourth  class ;  or,  if  they 
choose  to  remain  longer,  they  shall  be  conducted  through  the 
whole  course  of  College  studies.  Every  thing  will  be  done  to 
make  the*  Institution  worthy  the  patronage  of  an  enlightened 
and  free  people,  and  to  secure  the  accomplishment  of  the  best 
wishes  of  the  people,  in  this  rising  country,  for  the  education 
of  our  youth, — the  hope  and  glory  of  the  land. 

A  Department  for  Female  Education  will  also  be  provided, 
until  a  separate  Institution  shall  be  furnished.  And  Young 
Ladies  shall  enjoy  all  its  advantages,  so  far  as  circumstances  may 
require,  viz.:  use  of  the  Library,  attending  Lectures,  &c. — in 
addition  to  the  constant  attention  of  a  Governess,  in  all  that 
pertains  to  manners,  morals,  and  the  improvement  of  the  mind. 

Opportunity  shall  be  offered  to  all  who  are  seeking  an  educa- 
tion for  the  Gospel  Ministry.  But  while  the  benefits  of  the 
Institution  shall  be  open  to  all  denominations  of  Christians,  no 
preference  shall  be  shown  to  any  one  to  the  injury  or  prejudice 
of  another.  Should  this  Department  go  into  operation,  it  may 
be  continued  in  connexion  with  the  Institution,  or  detached  from 
it,  as  circumstances  may  seem  to  demand  ;  and  the  Professor  or 


120  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

Instructor  will  be  appointed  by  the  Presbytery  of  the  Presby- 
terian Church  within  whose  bounds  it  may  be. 

Agriculture,  and  perhaps  some  branches  of  Mechanics,  will 
form  part  of  the  system  of  Education — whereby  the  health 
of  the  students  will  be  promoted,  and  the  expenses  of  tuition 
diminished. 

Measures  will  be  adopted  to  facilitate  the  payment  for  boarding 
in  produce,  as  far  as  practicable. 

WE,  the  undersigned,  inhabitants  of  county,  severally 

promise  to  pay  to  the  Trustees  of  said  Seminary,  who  may  be 
-appointed,  or  to  their  Agent,  the  sums  set  opposite  to  our  names, 
respectively,  in  aid  of  the  Institution  above  described :  payment 
to  be  limited  and  determined  in  the  following  manner,  that  is  to 
say:  If  the  said  Seminary  shall  be  located  in  county, 

we  will  pay  the  sums  set  down  in  the  first  column ;  if  placed 
in  county,  we  wrill  pay  the  sums  set  down  in  the  second 

column ;  or  if  it  be  placed  elsewhere,  we  will  pay  the  sums  set 
down  in  the  third  column — as  ruled  and  written  below.  Pay- 
ment to  be  made  by  instalments,  at  a  month's  notice,  as  shall  be 
directed  by  the  Trustees.  JANUARY,  1828. 

Under  this  plan,  subscription  papers  were  circulated,  and  such 
other  steps  taken,  as  soon  secured  the  organization  of  a  stock 
company,  and  the  selection  of  a  board  of  trustees,  which  subse- 
quently developed  into  Illinois  College.  As  stated,  Judge  Lock- 
wood  was  chosen  President  of  the  Board,  which  position  he  held 
until  1868,  when  he  resigned  on  account  of  inability  to  attend 
its  meetings. 

The  first  question  for  the  trustees  to  decide  was,  the  location 
of  the  institution,  and  it  was  generally  expected  that  this  would 
be  either  in  St.  Clair  or  Madison  county,^  and  this  would  have 
been  the  case  but  for  the  advice  and  influence  of  Judge  Lock- 
wood.  The  year  before,  he  had  been  assigned  to  the  Sangamon 
circuit,  and  had  held  courts  in  Springfield,  Jacksonville,  Quincy 
and  other  places,  always  making  the  circuit  on  horseback,  thus 
having  a  fine  opportunity  to  see  the  country  and  get  acquainted 
with  the  people.  He  had  been  so  favorably  impressed  with 
Jacksonville  and  its  vicinity,  that  he  had  decided  to  make  that 


EDUCATIONAL    AND    CHARITABLE    INSTITUTIONS.  121 

his  home,  and  for  that  purpose  had  purchased  eighty  acres  of 
land,  pronounced  by  all  wno  have  ever  seen  it,  one  of  the  most 
beautiful  spots  in  Illinois.  In  considering  the  question  of  loca- 
tion of  the  Seminary,  Judge  Lockwood  insisted  that  the  matter 
should  not  be  decided  until  a  committee  of  the  trustees  had 
visited  Jacksonville  and  the  surrounding  country,  and  he  offered 
to  pay  the  expenses  of  one  of  the  committee.  Rev.  J.  M.  Ellis, 
and  Thomas  Lippincott,  who  was  then  in  business  in  Ed  ward  s- 
ville,  but  who  subsequently  entered  the  ministry  and  became 
well  known  through  the  state  as  "Father  Lippincott,"  were 
selected  as  such  committee.  Neither  of  these  men  knew  any- 
thing of  the  country  north  of  Madison,  and  both  had  expressed  a 
decided  preference  for  that  county.  Judge  Lockwood  furnished 
Mr.  Lippincott  with  a  horse  and  necessary  funds  for  traveling 
expenses,  arid  John  Tilson,  then  a  resident  of  Hillsboro,  but  who 
had  decided  to  remove  to  Quincy,  did  the  same  for  Mr.  Ellis. 
This  committee  brought  back  such  a  favorable  report  of  Jack- 
sonville, giving  such  a  glowing  account  of  the  country,  and  the 
class  of  people  that  were  coming  in,  that  that  place  was  at  once 
fixed  upon  as  the  site  of  the  proposed  institution. 

On  this  subject,  Dennis  Rockwell,  first  postmaster  of  Jackson- 
ville, writes  to  Judge  Lockwood,  under  date  of  March  19,  1828, 
as  follows :  "Your  letter  of  the  6th  inst.,  informing  me  of  the 
meeting  of  the  Presbytery  of  St.  Louis  on  the  19th  (this  day), 
did  not  reach  me  until  the  17th ;  consequently  too  late  for  me, 
or  any  other  person,  to  go  down  in  time  to  be  present  at  the 
meeting. 

"  From  the  best  information  I  can  obtain,  I  am  of  the  opinion 
that  $1,000  or  more  can  be  raised  in  this  county,  in  aid  of  the 
seminary,  if  located  here.  This  is  the  opinion  of  Mr.  Thomas, 
who  has  circulated  the  subscription  paper." 

To  this  letter  Mr.  Thomas,  afterward  known  as  Judge  Thomas, 
and  still  residing  in  Jacksonville,  adds  these  words:  "Mr. 
Brick"  (a  Presbyterian  minister  in  Jacksonville),  "  will  attend 
the  Presbytery  at  St.  Louis,  and  I  hope  he  will  be  able  to  inform 
the  good  people  of  the  wishes  and  sentiments  of  the  people  in 
this  county,  about  the  seminary,  and  it  is  possible  that  he  will 
induce  a  belief  (very  unintentional,  too,)  that  we  will  do  more  than 


122  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCK  WOOD. 

we  can  upon  trial,  because  his  acquaintances  are  all  very  anxious 
upon  the  subject.  "We  are  about  to  build  a  big  brick  court-house, 
and  we  expect  some  aid  from  voluntary  subscription.  This  may 
have  some  effect  upon  the  amount  that  might  be  given  to  the 
seminary." 

After  the  decision  to  locate  the  seminary,  subscription  papers 
were  circulated,  modified  to  meet  the  existing  condition  of  things. 
The  institution  was  to  be  located  within  five  miles  of  Jackson- 
ville. The  subscriptions  were  to  be  paid  by  installments  on  a 
month's  notice,  after  the  first  day  of  September,  1828,  as  phall 
be  directed  by  the  trustees,  and  the  following  individuals  were 
named  as  trustees :  S.  D.  Lockwood,  John  Leeper,  H.  G.  Taylor, 
Ero  Chandler,  Dennis  Rockwell,  Wm.  C.  Posey,  Enoch  C. 
March,  Archibald  Job,  Nathan  Compton,  Morgan  county  ;  John 
Allen,  Greene  county ;  James  McClung,  Bond  county  ;  John 
Tillson,  Montgomery  county ;  John  Todd,  Sangamon  county ; 
and  Wm.  Collins,  Madison  county. 

Soon  after,  the  stock  arrangement  was  given  up  by  consent  of 
all  parties  interested,  and  the  trustees  empowered  to  fill  vacancies 
in  their  board,  and  elect  successors. 

The  make-up  of  this  board  of  trustees,  the  first  of  the  kind  in 
our  state,  is  worthy  of  notice.  It  indicates  that  this  was  in  no 
sense  a  ministerial  or  Yankee  enterprise.  There  were  in  the 
board  judges,  lawyers,  physicians,  clerks,  postmasters,  farmers 
and  merchants ;  but  not  one  clergyman.  All  may  be  said  to 
have  been  Christian  men,  as  being  in  sympathy  with  Chris- 
tian institutions,  and  supporters  of  various  Christian  churches. 
Several  of  them  were  from  New  England,  but  New  York, 
Pennsylvania,  Tennessee,  Kentucky,  Virginia,  and  perhaps 
other  states  were  represented.  An  effort  was  at  once  made 
to  secure  a  charter  from  the  state,  but  the  general  assembly 
would  not  countenance  any  such  "  Yankee  "  enterprise,  and  for 
several  years  the  institution  had  no  legal  existence,  but  the  sub- 
scriptions to  it  were  promptly  paid  and  faithfully  invested,  the 
title  to  the  real  estate  being  vested  in  Samuel  D.  Lockwood. 

Judge  Lockwood's  good  judgment  in  reference  to  the  location 
of  the  seminary,  was  approved  by  the  trustees  much  farther  than 
he  intended,  or  was  pleasing  to  him,  for  they  insisted  that  the 


EDUCATIONAL    AND    CHARITABLE    INSTITUTIONS.  123 

site  of  the  seminary  should  be  the  premises  he  had  selected  for 
his  own  home.  Under  the  date  of  July  5,  1828,  H.  G.  Taylor,  a 
merchant  in  Jacksonville,  and  one  of  the  trustees,  writes  to 
Judge  Lockwood  as  follows :  "  I  have  made  a  purchase  of  the 
half  quarter  section  of  land  lying  east  of  yours.  My  object  in 
the  purchase  was  to  secure  a  site  for  the  seminary.  The  amount 
of  purchase  is  $215.00,  which  sum  is  rather  large  for  me  to  spare 
from  my  small  business.  However,  nothing  shall  be  done  more, 
until  you  visit  Jacksonville,  which  visit  is  anxiously  expected  by 
your  friends." 

Mr.  Taylor  not  being  able  to  retain  the  land,  Judge  Lockwood 
a  few  months  later  took  it  off  his  hands,  to  be  held  for  the  same 
purpose.  This  arrangement  was  not  fully  satisfactory  to  the 
trustees,  who  insisted  upon  having  the  whole  one  hundred  and 
sixty  acres.  Under  date  of  March  23,  1829,  Mr.  Taylor  writes  : 
"  A  meeting  of  the  trustees  of  the  seminary  was  had  on  4he  20th 
inst.  We  were  disappointed  by  your  seat  being  vacant,  a  cir- 
cumstance which  we  regretted,  because  the  decision  of  the 
question  concerning  the  land  was  to  be  had."  And  Mr.  Taylor 
farther  states  that  the  trustees  feel  that  it  is  absolutely  necessary 
for  the  good  of  the  seminary^  and  the  satisfaction  of  its  friends, 
that  they  should  have  the  eighty  acres  selected  by  Judge  Lock- 
wood  for  his  own  home,  and  he  very  significantly  adds  :  "  There 
is  a  considerable  solicitude  in  Jacksonville,  lest  this  determina- 
tion should  cause  you  to  seek  a  home  elsewhere." 

Under  date  of  January  19,  1829,  Mr.  D.  Rockwell  writes  :  "  I 
fear  your  building  spot  will  be  spoiled,  if  the  seminary  is  put 
upon  your  land,  which  seems  to  be  the  determination  of  the 
trustees  here." 

Judge  Lockwood,  with  his  accustomed  liberal  spirit,  yielded  the 
point,  and  took  another  tract  of  land  farther  west  for  his  family 
residence.  This  took  him  farther  from  the  village  and  on  the 
opposite  side  of  the  beautiful  grove.  Here  he  soon  after  erected 
a  substantial  brick  edifice,  but  occupied  it  only  for  a  few  years, 
as  it  was  too  far  removed  from  churches  and  schools  for  the 
comfort  of  his  family. 

The  seminary  soon  received  substantial  aid  from  the  East,  and 
was  established  on  a  firm  basis.  After  much  difficulty,  a  charter 


124:  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

was  obtained  from  the  state.  All  of  the  original  trustees  re- 
signed, except  Judge  Lockwood  and  William  C.  Posey,  and  their 
places  were  filled  by  John  P.  Wilkinson,  of  Jacksonville,  and 
Julian  M.  Sturtevant,  Theron  Baldwin,  John  F.  Brooks,  Mason 
Grosvenor,  Elisha  Jenne,  William  Kirby  and  Asa  Turner,  the 
seven  members  of  the  Illinois  Association,  a  name  taken  by 
seven  recent  graduates  of  the  Yale  Theological  Seminary,  who 
had  banded  together  for  home  missionary  and  educational  work 
in  Illinois.  Thus  Illinois  College  was  founded.  The  plan,  so 
far  as  it  related  to  female  education,  was  modified  by  the  estab- 
lishment of  a  distinct  and  separate  institution, — the  Jacksonville 
Female  Academy.  In  this  new  enterprise  Judge  Lockwood  took 
a  deep  interest,  contributing  liberally  for  its  support,  and  feeling 
a  fatherly  care  for  it  during  his  whole  life. 

Our  state  has  done  nobly  in  its  institutions  for  unfortunate 
citizens — the  insane,  blind,  and  deaf  and  dumb.  The  first  of 
these  institutions  were  located  in  Jacksonville,  and  Judge  Lock- 
wood  exerted  a  very  strong  influence,  both  as  to  their  establish- 
ment and  location.  The  first  meeting  ever  held  in  the  state  to 
consider  the  condition  of  the  insane,  was  held  in  Judge  Lock- 
wood's  parlor.  There  Miss  Dorothy  Dix,  a  well-known  philan- 
thropist, met  some  of  the  prominent  citizens  of  Jacksonville  by 
invitation,  to  talk  over  this  subject,  and  by  her  kind,  impressive, 
persuasive  manner  so  influenced  her  auditors,  that  they  were 
ready  at  once  to  second  all  her  efforts  for  this  unfortunate  class. 
Judge  Lockwood,  and  several  others,  went  with  her  the  next  day 
to  Springfield,  where  the  general  assembly  was  in  session,  and  so 
arranged  interviews  between  Miss  Dix  and  prominent  men  in  the 
state,  that  sufficient  influence  was  secured  to  carry  through  the 
assembly  the  bill  establishing  the  first  asylum  for  the  insane. 
And  in  substantially  the  same  way,  the  institutions  for  the  deaf 
and  dumb  and  blind  were  secured.  For  all  three  of  these  insti- 
tutions, Judge  Lockwood  was  appointed  one  of  the  trustees,  and 
by  re-appointment  by  successive  governors  held  the  position  so 
long  as  he  was  able  to  attend  to  the  duties.  His  commissions  for 
various  positions  under  state  authority,  show  the  autograph 
signatures  of  the  governors  from  1818  to  1864. 


CHAPTER   XVI. 

PERSONAL    AND    FAMILY    REMINISCENCES. 

ANY  sketch  of  Judge  Lockwood's  life,  restricted  to  a  con- 
sideration of  public  matters,  would  be  far  from  complete, 
for  he  was  a  man  pre-eminently  distinguished  for  personal  and 
social  virtues.  There  was  in  him  a  rare  blending  of  noble  char- 
acteristics. He  was  firm  but  gentle,  just  but  kind,  always  main- 
taining a  rare  dignity  of  deportment.  Repelling  undue  intimacy, 
he  was  affable,  sympathetic,  and  quickly  responsive  to  every 
friendly  advance. 

We  have  seen  the  heroic  stand  he  took  on  temperance  in  the 
early  history  of  our  state,  and  he  maintained  and  dignified  that 
stand  by  a  life-long  adherence  to  total  abstinence.  Though 
holding  so  many  official  positions,  Judge  Lockwood  was  never  in 
any  sense  an  office-seeker.  He  had  little  respect  for  men  of 
that  class.  Almost  every  one  of  his  appointments  to  office  came 
from  the  political  party  with  which  he  was  not  in  sympathy. 

Though  never  in  formal  connection  with  any  church,  Judge 
Lockwoud  was  a  firm  believer  of  evangelical  truth,  and  a  liberal 
supporter  of  Christian  organizations.  With  him  the  Bible  was 
a  sacred  book,  the  Sabbath  and  the  church  sacred  institutions. 
While  liberal  in  his  views,  he  could  never  tolerate  irreverent 
skepticism,  or  favor  some  now  current  amusements,  which  he 
considered  dangerous. 

In  his  genial  home,  sweet  in  its  hospitality,  the  wine  cup, 
cards  and  dancing  found  no  place. 

While  a  resident  of  Auburn,  he  so  identified  himself  with  the 
religious  interests  there,  that  he  was  appointed  one  of  the  trustees 
of  the  Presbyterian  Church.  In  1815  was  formed  the  Cayuga 
County  Bible  Society,  the  first  organized  in  the  state,  and  Judge 
Lockwood's  name  appears  as  one  of  the  originators  and  directors 
of  that  organization.  Of  the  twenty-four  first  directors  of  that 

125 


126  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

society,  he  was  the  last  survivor.     The  stand  he  thus  took,  as 
indicated  by  these  incidents,  he  maintained  through  life. 

Although  through  most  of  his  life  Judge  Lockwood  was  com- 
pelled to  practice  a  rigid  economy,  he  did  not  consider  himself 
excluded  from  an  active  participation  in  every  benevolent  and 
philanthropic  work.  In  later  years  he  especially  prized  his  well 
earned  financial  prosperity,  as  it  enabled  him  to  be  more  liberal 
in  his  contributions  for  the  welfare  of  others. 

One  intimate  with  Judge  Lockwood,  through  a  long  course  of 
years,  writes  on  this  subject  as  follows  :  "  While  much  embar- 
rassed by  the  meagerness  of  his  salary,  and  thinking  he  must 
resign  his  judgeship  on  that  account,  he  was  still  providing  for 
the  support  and  education  of  several  of  his  nephews  and  nieces, 
taking  some  of  them  to  his  own  home  for  that  purpose."  So,  it 
seems  to  me,  that  no  matter  how  small  his  salary,  his  heart 
always  took  in  all  those  who  were  orphans,  or  poor  or  homeless, 
or  needed  an  education.  In  later  years,  when  he  had  property,  and 
could  have  lived  in  greater  style,  he  preferred  to  live  as  plainly 
as  he  always  had  done,  that  he  might  have  more  money  to  give 
away.  He  had  strong  objections  to  wearing  mourning.  He 
always  felt  that  grief  was  not  shown  by  the  color  of  one's 
clothes,  nor  by  the  amount  of  crape  worn  ;  that  if  persons  of 
means  who  could  well  afford  it,  wore  mourning,  others  in  lest^ 
favored  circumstances  would  feel  that  they  must  do  so,  regard 
less  of  home  necessities. 

Judge  Lockwood  always  held  in  high  esteem  John  Marshall, 
chief  justice  of  the  United  States,  regarding  him  as  one  of  the 
grand  men  of  the  nation,  second  only  to  Washington  in  civil 
service,  and  he  aspired  to  accomplish  for  his  own  state  some- 
thing of  the  great  work  which  the  chief  justice  had  accomplished 
for  the  nation.  We  find  among  Judge  Lockwood's  papers  the 
following,  in  his  own  handwriting,  which  it  is  known  he  copied 
for  his  own  use  in  his  judicial  life,  and  which  may  be  regarded 
as  an  expression  of  his  own  feelings  : 

"Judge  Hale's  rules  to  be  observed  in  the  administration  of 
justice,  and  worthy  to  be  deeply  engraved  on  the  mind  and 
heart  of  every  judge. 


PERSONAL    AND    FAMILY    REMINISCENCES.  127 

"1st.  That  justice  be  administered  uprightly,  deliberately, 
resolutely. 

"  2d.  That  I  rest  not  on  my  own  understanding,  but  implore 
the  direction  of  God. 

"  3d.  That  in  the  execution  of  justice,  I  carefully  lay  aside  my 
own  passions,  and  not  give  way  to  them,  however  provoked. 

"  4th.  That  I  be  wholly  intent  on  the  business  I  am  about. 

"  5th.  That  I  suffer  not  myself  to  be  prepossessed  with  any 
judgment  at  all,  till  all  the  business  and  both  parties  are  heard." 

Judge  Lockwood's  urbanity  and  gentleness  resulted  in  no  wise 
from  sentimental  weakness.  He  could,  and  he  did,  make  the 
law  a  terror  to  evil  doers,  as  the  following  incident  will  illus- 
trate :  While  he  was  holding  circuit  courts,  a  man  was  brought 
before  him  in  Greene  county  indicted  for  larceny.  This  man's 
attorney  had  assured  him  of  an  acquittal,  but  owing  to  the  strict 
rulings  of  the  judge,  and  his  clear  charge  to  the  jury,  he  was 
found  guilty  and  sentenced  for  a  year  to  the  penitentiary.  Some 
years  later,  the  same  man  was  brought  up  for  trial  in  Jersey 
county,  on  a  similar  indictment,  and  to  the  great  surprise  of  his 
attorney  plead  guilty,  afterwards  giving  as  a  reason, — "  When  I 
saw  that  same  old  gray  head  on  the  bench,  I  knew  it  would  be 
better  for  me  to  trust  his  mercy,  than  his  justice." 

On  October  3,  1826,  Judge  Lockwood  married  Miss  Mary 
Stith  Nash,  a  lady  of  great  refinement  of  taste,  and  rare  natural 
accomplishments.  She  was  the  youngest  daughter  of  John 
Nash,  an  old  time  Virginia  planter, 'residing  in  Prince  Edwards 
county,  a  staunch  Presbyterian,  of  the  old  Scotch  type.  Her 
mother  died  when  she  was  but  two  years  of  age,  and  losing  her 
father  eight  years  later,  she  was  at  this  early  period  in  life  left 
an  orphan,  dependent  for  education  and  training  upon  older 
brothers  and  sisters.  In  1822,  the  whole  family  emigrated  to 
the  new  state  of  Missouri,  taking  with  them  their  family  servants 
and  household  effects.  Some  of  these  servants,  coming  a  few 
years  later  into  Mrs.  Lockwood's  possession  by  inheritance,  were 
immediately  emancipated  and  their  support  provided  for. 

The  Nash  family  made  their  first  western  home  on  the  point 
of  land  between  the  Mississippi  and  the  Missouri  rivers,  thinking 
hpre  would  be  the  great  city  of  the  west.  In  this  they  were 


128  LIFE    AND    TIMES    OF    HON.  SAMUEL   D.  LOCKWOOD. 

disappointed,  and  very  soon  made  a  new  purchase  some  four 
miles  up  the  Missouri,  and  on  the  opposite  side.  In  this  home 
the  marriage  ceremony  took  place,  as  shown  by  the  following 
certificate : 

"  I  do  hereby  certify  that  on  the  3d  day  of  October,  1826,  I 
solemnized  a  marriage  between  Samuel  D.  Lockwood,  of  the 
state  of  Illinois,  and  Mary  S.  Kash,  of  the  county  of  St.  Louis, 
and  state  of  Missouri. 

"  Given  under  my  hand  this  9th  day  of  April,  1827. 

"  WM.  S.  LACEY,  M.  Y.  D." 

Mr.  Lacey  was  a  Presbyterian  minister  of  the  Missouri  Yalley 
District. 

Mrs.  Lockwood  was  a  devoted  Christian  woman  of  ardent 
piety  and  active  benevolence.  Her  sweet,  winning  disposition 
won  the  affection  of  old  and  young,  and  gathered  around  her  a 
wide  circle  of  loving  friends.  A  few  words  from  others  will 
show  the  esteem  in  which  she  was  held. 

Mrs.  Dr.  Stevens,  of  St.  Louis,  was  a  niece  of  Mr?.  Lockwood, 
aht]  v  n  much  resembled  her  in  personal  appeai^^c.  Soon 
afcer  the  election  of  1860,  Mrs.  Stevens  met  Mr.  Lincoln,  at  the 
home  of  a  mutual  friend  in  Springfield,  and  was  introduced  to 
him  as  president-elect,  and  she  gives  this  account  of  the  inter- 
view :  "  Mr.  Lincoln  took  me  by  the  hand,  and  drew  his  face 
nearer  and  nearer  to  mine,  till  I  was  frightened  ;  when  he  said, 
6  Are  you  a  relative  of  Mrs.  Lockwood  1 '  I  replied,  1  am  proud 
to  say  she  is  my  aunt;  and  he  said,  'You  may  well  be  proud, 
for  she  is  the  best  woman  God  ever  made.' ' 

Dr.  T.  M.  Post,  of  St.  Louis,  whose  beautiful  tribute  to  Judge 
Lockwood  we  have  given  elsewhere,  adds  the  following  with 
reference  to  his  wife  :  "  I  was  charmed  with  the  rare  Christian 
loveliness  of  Mrs.  Lockwood,  and  my  recollections  of  her  then, 
and  subsequently,  will  ever  be  among  the  pleasantest  memories 
of  my  past  life.  Her  great  sweetness,  gentleness,  and  radiancy 
of  manner  and  of  spirit, — her  guileless  simplicity  and  godly 
sincerity,  her  devoted  and  cheerful  piety, — her  overflowing  genial 
sympathies  and  delicate  self-sacrificing  kindness,  made  her  to  me 
an  incarnation  of  much  that  is  loveliest  in  woman." 


PERSONAL    AND    FAMILY    REMINISCENCES.  129 

In  the  history  of  the  Batavia  Church  is  found  this  tribute  : 
"  Her  life  brought  much  of  heaven  to  earth,  and  her  death  took 
much  from  earth  to  heaven." 

The  Christian  family  and  home  established  by  this  union  was 
for  forty- eight  years  the  center  of  all  that  is  pure,  lovely  and 
holy ;  whose  influence  for  good  can  not  be  marked  by  any  scale 
of  human  measurement. 

In  the  light  of  such  a  record  the  modern  question,  Is  marriage 
a  failure  ?  seems  well-nigh  blasphemous. 

In  Judge  Lockwood's  opinion  marriage  was  a  most  sacred 
institution,  and  applicants  for  divorce  never  found  any  favor  in 
his  court.  The  present  lax  opinions  on  that  subject,  he  woul»> 
have  regarded  as  highly  immoral  and  dangerous. 

The  marriage  union  thus  formed  was  blessed  with  four 
daughters,  all  of  whom  reached  mature  and  married  life.  Mary, 
born  in  Springfield,  May  18,  1828,  was  married  in  Jacksonville, 
in  1847,  to  William  Coffin ,  the  author  of  this  sketch,  and  removed 
at  the  same  time  with  her  parents  to  P»atavia,  where  she  passed 
from  earth  on  June  23,  1877.  Susan,  born  in  Jacksonville, 
October  10,  1830,  married  Charles  W.  Porter,  and  is  now  a 
resident  of  Hudson.  Wis.  Martha,  born  in  Jacksonville,  Febru- 
ary M,  1833,  married  J.  Scott  Officer,  and  died  at  Delavan, 
Wis.,  March  3,  1864.  Anna,  born  in  Jacksonville,  June  7, 
1838,  married  the  Rev.  Win.  E.  Merrimar,,  and  is  now  living  in 
Boston. 

Judge  Lockwood  took  an  active  part  in  the  organization  of 
the  Republican  party,  and  in  the  grand  work  it  accomplished. 
During  the  war  he  felt  in  his  own  person  the  shock  of  every 
battle,  and  his  heart  warmed  with  sympathy  for  every  bereaved 
patriotic  family.  He  mourned  for  Lincoln,  as  a  father  might 
mourn  over  a  son,  untimely  slain. 

The  closing  years  of  Judge  Lockwood's  life  were  passed  in 
quiet  retirement  at  his  home  in  Batavia,  a  home  distinguished 
for  domestic  happiness  and  genial  hospitality.  There  was  noth- 
ing of  ostentation  about  it,  no  formal  receptions  or  grand  enter- 
tainments ;  but  friends  of  the  olden  time,  and  new  acquaintances, 
ever  found  in  it  a  cheerful  welcome,  and  young  and  old  were 
benefited  by  its  pure  atmosphere.  And  here  on  the  23d  of 


130  LIFE    AND    TIMES    OF    HON.  SAMUEL    D.  LOCKWOOD. 

April,  1874,  Judge  Lockwood,  in  his  eighty-fifth  year,  and  in  the 
full  possession  of  his  mental  powers,  passed  peacefully  to  the 
spirit  world.  The  life  thus  closed  was  pre-eminently  a  successful 
one.  Judge  Lockwood  was  permitted  to  see  the  grand  enter- 
prises of  his  early  life  in  a  wonderful  degree  successful,  and  rich 
in  beneficial  results — Illinois  a  free  state,  in  a  union  of  common- 
wealths equally  free — educational  and  benevolent  institutions 
firmly  established,  and  the  whole  land  most  abundantly  blessed 
by  the  God  of  our  fathers.  Greatly  averse  to  debts  of  every 
description,  and  carefully  avoiding  all  such  personal  embarrass- 
ment, he  was  for  many  years  connected  with  institutions  heavily 
burdened  in  this  direction,  and  for  several  years  saw  the  state  he 
loved  trembling  on  the  verge  of  bankruptcy  and  repudiation. 
He  lived  to  see  these  burdens  removed,  the  state  free  from  debt, 
with  a  credit  second  to  none  of  her  sisters.  His  last  residence 
was  in  a  county  and  township  free  from  pecuniary  demands,  and 
his  family  connection  was  with  a  church,  largely  through  his 
liberality,  unencumbered.  He  owed  no  man  anything  but  love, 
and  this  indebtedness  he  met  in  daily  installments  of  charity  for 
all. 

Mrs.  Lockwood  survived  her  husband  not  quite  a  year,  as  she 
passed  from  earth  to  heaven,  on  March  27,  1875. 


APPENDIX. 


OBJECTIONS   OF   THE  COUNCIL  OF  REVISION  TO   THE   BILL 
REORGANIZING  THE  JUDICIARY  OF  THE  STATE. 

(Referred  to  on  page  80.) 

The  undersigned,  members  of  the  Council  of  Revision,  have 
had  under  consideration  the  bill  entitled  "An  Act  to  reor- 
ganize the  Judiciary  of  the  State  of  Illinois,"  and  having 
besto'wed  upon  it  that  attentive  consideration  which  the  nature 
and  importance  of  its  provisions  demand,  feel  constrained  to 
return  the  same  to  the  senate  as  improper  to  become  a  law, 
because,  in  the  judgment  of  the  undersigned,  its  passage  would 
be  fraught  with  incalculable  evils  to  the  people  of  this  state. 

The  first  objection  which  presents  itself  is  the  sweeping  repeal 
of  all  acts  and  parts  of  acts  establishing  circuit  courts  in  this 
state.  How  far  this  repeal  may  affect  important  interests  can- 
not be  clearly  foreseen,  and  may  occasion  much  mischief. 

The  bill  nowhere,  in  express  terms,  provides  for  the  creation 
or  reestablishment  of  circuit  courts  in  each  of  the  counties  of 
this  state.  By  the  seventeenth  section  of  the  "Act  regulating 
the  Supreme  and  Circuit  Courts,"  passed  19th  January,  1829, 
it  is  declared  that  "it  shall  be  the  duty  of  the  said  judges 
respectively  to  hold  two  terms  annually  in  each  county  in  their 
respective  circuits  in  conformity  to  law ;  which  courts  shall  be 
holden  respectively  at  the  times  and  places  now  or  hereafter  to 
be  prescribed  by  law,  and  the  said  courts  shall  be  styled  circuit 
courts  for  the  counties  in  which  they  may  be  held  respectively." 
The  eighteenth  section  of  said  act  confers  jurisdiction  on  said 
circuit  courts  "  over  all  matters  and  suits  at  common  law  and  in 
chancery ; "  and  the  twentieth  section  of  said  act  confers  crim- 
inal jurisdiction.  Now,  if  the  first  section  of  the  bill  repealing 

131 


132  APPENDIX. 

all  laws  establishing  circuit  courts  repeals  these  provisions  of  the 
judiciary  act  of  1829,  may  not  doubts  hereafter  arise  whether 
the  present  bill  provides  for  the  ree'stablishment  of  a  circuit 
court  to  be  held  in  each  county  in  the  respective  circuits  which 
can  be  considered  the  legal  successor  of  the  repealed  courts  I 
Can  it  be  said  to  follow  as  a  necessary  consequence,  because  the 
third  section  of  the  bill  divides  the  state  into  "nine  judicial 
circuits,"  that  therefore  there  is  reestablished  circuit  courts  in 
each  of  the  counties  of  this  state  ? 

Does  not  the  fourth  section  of  the  bill  leave  the  question  as 
uncertain  as  the  third  ?  This  section  provides  for  continuing 
"over  to  the  circuit  courts  created  by  this  act  all  suits,"  etc. 
Where,  it  may  be  asked,  is  the  provision  in  the  bill  creating 
circuit  courts  in  each  of  the  counties  of  the  state  ?  This  ambi- 
guity in  the  phraseology  of  the  bill  may  lead  to  doubt  and 
uncertainty  in  its  construction. 

The  bill  is  also  defective  in  not  providing  that  the  newly- 
created  circuit  courts,  if  such  there  be,  shall  have  power  to  issue 
execution  on  judgments  and  decrees  already  rendered  in  such 
repealed  courts.  This  omission  may  occasion  much  embarrass- 
ment to  judgment  creditors  and  suitors  in  chancery. 

The  bill  is,  however,  obnoxious  to  objections  of  a  graver  char- 
acter than  those  above  referred  to,  as  it  respects  its  operation 
upon  the  interests  of  the  people  of  this  state. 

It  is  believed  by  the  undersigned  that  the  system  proposed  to 
be  put  in  operation  by  this  bill  will  be  found  to  be  wholly  inade- 
quate to  the  wants  of  a  great  and  growing  community  like  ours, 
and  to  impose  burdens  upon  the  people  inconsistent  with  the 
speedy  and  proper  administration  of  justice.  The  attention  of 
your  honorable  body  is  therefore  respectfully  invited  to  some 
considerations  that  the  undersigned  deem  important  to  be  kept 
in  view  in  coming  to  a  just  conclusion  upon  this  subject,  and 
which  will  be  presented  in  as  concise  and  intelligible  a  form  as 
the  nature  of  the  task  and  the  pressure  of  other  important  and 
urgent  duties  will  allow. 

The  bill  under  consideration,  after  repealing  out  of  office  all 
the  circuit  judges,  provides  for  the  appointment  of  five  judges 
of  the  supreme  court,  who,  together  with  the  four  now  in  office, 


APPENDIX.  133 

are  required  to  hold  the  supreme  court  and  all  the  circuit  courts 
in  the  state.  This  is  a  requisition,  in  the  opinion  of  the  under- 
signed, that  will  be  found  physically  impossible.  There  are  now 
nine  circuit  judges,  who  have  no  other  duties  to  perform,  than 
to  hold  the  circuit  courts.  Yet,  without  any  fault  on  their  part, 
but  from  the  magnitude  of  the  business  and  the  want  of  time, 
they  have  been  unable  to  do  the  business  in  these  courts.  This 
fact  is  notorious  to  all  conversant  with  judicial  proceedings  and 
to  many  members  of  the  legislature,  and  is  also  confirmed 
beyond  doubt  or  denial  by  the  dockets  of  these  courts,  which 
show  that  hundreds  of  causes  in  a  large  number  of  the  populous 
counties  have  remained  untried  from  term  to  term  for  the  want 
of  time  to  reach  them  in  their  order  on  the  dockets,  thus  occa- 
sioning great  expense,  vexation  and  loss  of  time  to  parties  and 
witnesses.  When,  therefore,  the  judicial  functions  of  the 
supreme  and  circuit  courts,  and  those  of  a  council  of  revision 
also,  are  all  devolved  upon  nine  judges,  it  must  be  manifest  to 
the  most  superficial  observer,  as  well  as  those  in  any  degree 
acquainted  with  the  nature  and  extent  of  these  duties,  that  they 
are  greater  than  are  compatible  with  the  abilities  of  that  num- 
ber of  judges  to  accomplish,  and  consequently  greater  than 
accords  with  the  best  interests  of  the  people.  Should  any  one 
be  disposed  to  doubt  the  correctness  of  this  proposition,  that 
doubt  can  be  easily  removed  by  the  simple  rule  of  addition. 
By  adding  the  time  which  the  judges  of  the  supreme  court  are 
necessarily  occupied  in  presiding  in  that  court  and  acting  as  a 
council  of  revision  to  the  time  required  to  accomplish  the  busi- 
ness in  the  circuit  courts,  it  will  be  seen  that  fifty-two  weeks  are 
inadequate  to  the  performance  of  all  these  multifarious  duties  in 
the  order  of  succession  in  which  they  must  be  performed  by  the 
nine  proposed  judges. 

The  constitutional  and  paramount  obligations  of  the  judges  of 
the  supreme  court  are :  to  act  as  members  of  the  council  of 
revision  during  the  sessions  of  the  legislature,  and  to  preside  in 
the  supreme  court  until  all  the  business  of  that  court  is  disposed 
of.  The  time  that  will  be  thus  occupied  this  winter,  including 
travel  to  and  from  the  seat  of  government,  will  not  fall  short  of 
four  months,  even  under  the  supposition  that  the  supreme  court 


134  APPENDIX. 

will  be  ready  to  adjourn  as  soon  as  the  legislature,  which  was 
not  the  case  last  winter. 

The  business  of  the  summer  term  of  the  supreme  court, 
including  necessary  traveling  to  and  from  court,  will  require 
from  six  to  eight  weeks.  The  last  summer  term  occupied  those 
who  live  most  remote  from  the  seat  of  government  six  weeks, 
and  the  business  has  increased  since  that  time ;  but  allowing 
only  seventeen  weeks  for  the  winter  terms  and  seven  weeks  for 
the  summer  terms,  including  travel,  and  the  time  occupied  by 
the  judges  of  the  supreme  court  at  the  seat  of  government  will 
be  twenty-four  weeks.  Take  then,  for  example,  the  ninth  cir- 
cuit, and  suppose  the  judge  of  that  circuit  immediately  on  his 
return  home  should  commence  holding  the  circuit  courts.  It 
would  require  twenty-six  weeks,  as  the  law  now  stands,  to  hold 
the  spring  and  fall  circuits,  and  still  leave  an  immense  amount 
of  business  untouched  for  want  of  time.  This  circuit  is  referred 
to  because  the  information  in  relation  to  the  length  of  time  the 
courts  were  held  in  it  last  year,  and  the  crowded  state  of  the 
dockets,  can  be  relied  on.  It  then  clearly  appears,  if  this  bill 
goes  into  operation,  that  the  judge  who  shall  be  assigned  to  this 
circuit  will  be  required,  in  addition  to  twenty-four  weeks  occu- 
pied at  the  seat  of  government,  to  hold  circuit  courts  for  twenty- 
six  weeks  more,  and  still  leave  a  great  amount  of  business 
untouched. 

In  several  of  the  circuits  it  is  confidently  stated  by  individuals 
well  acquainted  with  the  subject,  that  unless  the  terms  are 
lengthened  at  least  one-half,  that  the  business  of  these  courts 
will  remain  on  the  dockets  for  years  without  any  possibility  of 
the  suits  being  tried  or  disposed  of. 

In  making  this  calculation,  the  undersigned  have  taken  for 
their  data  the  time  actually  employed  at  the  seat  of  government 
and  the  time  employed  in  holding  the  courts  in  the  ninth  circuit 
under  the  existing  law.  When,  therefore,  it  is  taken  into  con- 
sideration that  the  business  of  the  supreme  court  is  rapidly 
increasing,  and  that  the  time  allowed  by  law  to  many  of  the 
circuit  courts  is  so  much  too  short  that,  with  all  the  exertion  of 
the  judges,  not  more  than  half-  or  two-thirds  of  the  business  can 
be  performed,  it  is  clear  that  the  time  allowed  to  these  circuit 


APPENDIX.  135 

courts  must  be  greatly  extended  or  the  circuits  divided  and 
additional  judges  appointed,  otherwise  there  will  be  such  a  delay 
in  the  administration  of  justice  as  will  be,  in  many  cases,  equiva- 
lent to  a  denial. 

From  this  view  of  the  nature  and  extent  of  the  judicial  busi- 
ness of  this  state,  it  must  be  apparent  to  the  understanding  of 
every  man  that  it  is  physically  impossible  for  nine  judges  to 
perform  the  duties  enjoined  upon  them  by  this  bill.  But  sup- 
pose it  was  possible  that,  by  a  total  abandonment  of  their  homes 
and  a  consequent  neglect  of  their  families  and  private  business, 
they  could,  by  an  entire  devotion  of  their  minds  and  bodies  to 
the  service  of  the  state,  make  out  to  hurry  through  the  business 
of  the  courts,  and  decide  all  the  causes  as  they  might  be  ready 
for  trial,  the  undersigned  would  respectfully  ask,  Is  it  good 
policy  on  the  part  of  the  state,  or  is  it  just  and  liberal  in  the 
legislative  department  of  the  government  to  impose  upon  a 
coordinate  branch  of  the  government  burthens"  so  onerous  and 
unprecedented?  The  undersigned  forbear  to  remark  upon  the 
character  of  the  measure  in  reference  to  the  judiciary,  but  may 
be  allowed  to  say  that,  in  their  judgments,  the  operation  of  the 
bill  will  be  prejudicial  to  the  rights  of  the  citizens  and  the  char- 
acter of  the  state.  Judicial  decisions  in  courts  of  the  last  resort 
not  only  affect  the  interest  of  the  suitors,  but,  like  legislative 
enactments,  are  of  importance  to  the  whole  community,  because 
they  form  rules  of  future  action. 

It  frequently  becomes  the  duty  of  the  supreme  court  to  adju- 
dicate upon  the  most  intricate,  grave  and  important  causes,  and 
in  so  doing  the  court  must  necessarily  settle  principles  of  the 
greatest  importance,  whether  considered  in  reference  to  the 
immediate  amount  involved,  the  sacredness  of  the  rights  affected, 
or  the  extent  and  universality  of  their  application.  As  the 
judgment  of  this  tribunal  is  final,  it  must  be  apparent  that  an 
erroneous  decision  may  occasion  the  most  extensive  and  irrep- 
arable mischief.  It  is,  therefore,  of  the  highest  importance  that 
every  opportunity  should  be  afforded  this  tribunal  for  a  full 
and  thorough  investigation  of  the  causes  brought  before  it.  The 
questions  this  court  may  be  thus  called  upon  to  decide  are  not 
only  of  vital  importance  in  their  nature  and  results,  but  may  be 


136  APPENDIX. 

proportionably  intricate  and  embarrassing  in  their  character. 
Will  it  then  be  contended  that,  in  such  a  case,  the  court  should 
decide  upon  first  impressions,  without  time  and  opportunity  to 
examine  it  in  all  its  aspects  and  bearings  ?  The  fate  of  this  bill 
will  determine.  At  each  term  of  the  supreme  court  there  are 
from  thirty  to  fifty  causes  continued  to  the  succeeding  term  in 
order  to  have  an  opportunity  of  investigating  all  the  points 
involved,  to  examine  the  records  in  the  causes,  to  search  for  and 
compare  authorities,  and,  when  a  result  is  arrived  at  and  agreed 
upon,  then  to  write  out  their  opinions,  so  as  not  only  to  settle 
the  controversy  between  the  parties,  but  to  serve  as  a  rule  for 
the  government  of  similar  cases.  The  discharge  of  this  labori- 
ous and  responsible  duty,  it  must  be  manifest  to  every  under- 
standing, cannot  be  accomplished  in  a  few  days.  The  principal 
duties  of  a  judge  upon  the  circuit  ends  with  the  adjournment 
of  the  court.  But  it  is  far  otherwise  with  the  members  of  a 
court  of  the  last  resort.  The  investigation  of  causes  continued 
under  advisement  forms  the  most  laborious  part  of  their  official 
functions,  and  the  most  of  the  time  allowed  under  the  present 
arrangement  may  be  thus  profitably  employed. 

The  organization  of  the  courts  proposed  by  the  bill  is  obnox- 
ious to  another  objection,  so  deeply  affecting  the  rights  and 
interests  of  every  portion  of  society  that  the  undersigned  cannot 
refrain  from  calling  your  attention  to  the  subject.  For  nearly 
half  of  the  year  all  the  judges,  by  this  bill,  will  be  drawn  to  the 
seat  of  government,  and,  consequently,  the  performance  of  all 
their  functions  must  cease  in  every  other  portion  of  the  state. 
It  results,  as  a  necessary  consequence,  that  many  writs  and 
orders,  that  are  absolutely  necessary  in  the  administration  of 
justice,  must  be  obtained  from  those  judges  at  considerable 
expense  and  delay  of  suitors.  This  objection,  however  worthy 
of  consideration,  is,  nevertheless,  of  small  moment  when  com- 
pared with  other  consequences  arising  out  of  the  detention  of 
all  the  judges  of  the  state  at  the  seat  of  government.  The  pas- 
sage of  this  bill  will  totally  preclude  the  possibility  of  holding 
special  terms  for  the  dispatch  of  civil  business  or  for  the  trial  of 
persons  committed  to  jail  for  crime,  a  matter  of  vital  import- 
ance, as  well  to  the  whole  community  as  to  the  prisoner.  It  is 


APPENDIX.  137 

well  known  that  the  jails  in  many  of  the  counties  are  very  inse- 
cure. This  circumstance  is  often  the  cause  of  heavy  expense  to 
such  counties,  by  compelling  them  to  hire  a  guard.  In  addition 
to  the  heavy  burthens  thus  unnecessarily  thrown  upon  counties 
in  guarding  and  in  supporting  prisoners  for  nearly  half  a  year, 
the  rights  of  the  prisoners  are  also  disregarded  by  being  detained 
in  an  uncomfortable  jail  during  the  most  inclement  season  of  the 
year  and  thus  subject  to  much  deprivation  and  suffering  before 
trial.  Any  unnecessary  suffering  inflicted  on  those  charged,  but 
not  convicted  of  crime,  is  equally  at  war  with  the  principles  of 
justice  and  humanity.  Should  the  prisoner,  however,  be  found 
innocent  of  the  charge,  his  long  imprisonment  and  suffering  will 
be  a  serious  reproach  to  the  institutions  of  the  country,  as  well 
as  an  unmerited  and  irreparable  calamity  to  the  injured  indi- 
vidual, who  is  left  without  remuneration  for  his  lost  time  and 
without  redress  for  his  aggravated  sufferings.  It  is  undoubtedly 
the  duty  of  the  state  to  provide  for  the  prisoner  as  early  a  trial 
as  the  circumstances  of  the  country  will  permit.  This  is  guar- 
anteed by  the  express  terms  of  the  constitution,  and  is  dictated 
by  justice  and  humanity.  But  neither  the  spirit  of  the  constitu- 
tion nor  the  principles  of  justice  can  be  carried  into  efficient 
operation  under  the  judicial  system  proposed  by  this  bill. 

The  passage  of  this  bill  may  also  seriously  interrupt  the  ses- 
sions of  the  circuit  courts  if,  during  their  sessions,  there  should 
arise  any  emergency  for  a  special  call  of  the  legislature.  The 
judges  would  then  be  under  the  necessity  of  immediately  aban- 
doning their  circuits  and  leaving  their  business,  no  matter  how 
great  or  how  pressing,  undisposed  of,  to  attend  at  the  seat  of 
government.  The  bill  makes  no  provision  for  a  state  of  things, 
which,  in  the  opinion  of  the  undersigned,  may  work  great  injury 
and  inconvenience  to' persons  now  suitors  in  court.  Some  of  the 
circuit  courts  are  now,  according  to  law,  in  session,  and  will 
doubtless  continue  in  session  until  they  are  apprised,  in  an  offi- 
cial manner,  of  the  final  passage  of  this  bill.  All  their  adjudica- 
tions and  proceedings,  after  this  bill  becomes  a  law,  will  be  null 
and  void,  and  all  persons  concerned  in  executing  the  same,  or 
any  process  under  them,  will  be  trespassers. 


138  APPENDIX. 

•* 

The  undersigned  can  perceive  no  reason  in  the  fact  that, 
because  the  legislature  in  J  Hilary,  1827,  repealed  the  circuit 
court  system,  it  would  be  proper  and  expedient  to  do  so  now. 
Since  that  time  the  population  of  this  state  has  increased  from 
about  seventy-five  thousand  to  near  half  a  million,  and  in 
greater  proportion  than  the  increase  of  population  has  been  the 
increase  of  business.  Our  wants  have  become  multiplied  and 
complicated  with  every  accession  to  our  population.  At  the 
time  of  the  former  repeal  of  the  circuit  system  there  were  but 
thirty-eight  counties  in  this  state,  many  of  them  having  hardly 
business  enough  to  occupy  the  courts  for  one  day.  Now  the 
case  is  entirely  different.  We  have  nearly  one  hundred  coun- 
ties, many  of  them  with  an  extremely  numerous,  enterprising 
and  business  population,  demanding  from  the  government  an 
increase  of  the  facilities  for  enabling  them  to  assert  and  deter- 
mine their  legal  rights,  instead  of  a  diminution  of  those  to 
which  they  have  been  accustomed  for  years  past.  In  many  of 
the  circuit  courts  of  this  state,  it  has  been  found  impossible  to 
dispose  of  the  business  that  has  been  accumulating  within  the 
last  three  or  four  years,  although  the  legislature  has  doubled, 
and  in  some  instances  trebled,  the  length  of  time  formerly 
allowed  them  for  holding  their  courts.  This,  however,  is  not  a 
matter  of  surprise.  It  is  the  inevitable  effect  of  the  march  of 
civilization  and  prosperity. 

The  undersigned  are,  therefore,  clearly  of  opinion  that  what 
may  have  been  wise  and  prosperous  then,  may  be  highly  impo- 
litic, nay,  even  ruinous  now. 

Nor  do  they  believe  that  an  argument  can  be  drawn  in  favor 
of  the  proposed  plan  for  the  system  adopted  by  the  federal  gov- 
ernment in  the  organization  of  her  judiciary  department.  That 
system  doubtless  is  found  to  work  well  in  practice,  and  answers 
the  purposes  to  which  it  was  designed.  But  it  must  be  borne  in 
mind  that  the  Supreme  Court  of  the  United  States  does  not 
form  a  council  of  revision,  as  do  the  judges  of  the  supreme 
court  of  this  state.  That  the  federal  courts  are  courts  of  limited 
and  defined  jurisdiction,  having  no  right  to  adjudicate  upon 
cases,  except  in  a  very  few  instances,  where  it  was  supposed  or 
feared  that  the  state  courts  would  not  afford  adequate  relief  to 


APPENDIX.  139 

one  or  other  of  the  parties.  This  prevents,  to  a  great  extent, 
the  overwhelming  increase  of  business  in  those  courts  which 
takes  place  in  our  own,  and  renders  a  system  inapplicable  to  us, 
applicable  and  proper  to  them.  In  addition  to  this,  the  under- 
signed would  remark  that  the  jurisdiction  of  those  courts 
extends  over  twenty-six  states  —  each  having  a  distinct  and 
separate  system  of  laws  ar  1  practice  —  and  which  laws  and  prac- 
tice, except  in  a  few  cases,  arc  to  be  adopted  by  the  federal 
courts.  These  circumstances  may  render  it  highly  proper  that 
the  judges  of  the  Supreme  Court  of  the  United  States  should 
perform  circuit  duties  and  acquire  a  knowledge  of  the  practice 
and  laws  of  those  etates,  with  reference  to  which  they  are  called 
upon  to  give  their  opinions  at  Washington  city.  But,  surely,  no 
such  state  of  things  exists  here.  There  is  not  a  distinct  code  of 
laws  or  system  of  practice  applicable  to  each  of  the  counties  of 
this  state.  One  uniform  system  prevails  over  the  whole. 

In  every  part  it  is,  or  should  be,  the  same.  Certainly,  then, 
no  analogy  can  be  found  to  exist  between  the  judiciary  system 
of  the  federal  government  and  that  of  this  state  from  which  an 
argument  could  be  drawn  in  favor  of  the  system  proposed  by 
this  bill.  Perhaps  it  may  not  be  amiss  here  to  inquire,  if  the 
system  of  the  federal  judiciary  would  be  useful  and  proper  for 
the  adoption  of  the  states,  why  some  of  the  neighboring  states, 
whose  condition  and  circumstances  are  similar  to  our  own,  have 
not  before  this  time  adopted  it,  and  thus  availed  themselves  of 
its  benefits  ?  „ 

In  every  point  of  view  in  which  the  proposition  contained  in 
the  bill  before  us  has  presented  itself,  difficulties  and  obstacles 
arise,  so  great  and  manifest,  that  the  undersigned  are  Con- 
strained by  a  sense  of  duty  to  the  country  to  return  the  bill 
with  their  objections.  WM.  WILSON. 

S.  D.  LOCKWOOD. 

February  8,  1841.  T.  C.  BROWNE. 


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